Sandeep K Singh (Business) 22 December 2017

Can you disallow sell of property if inherited by will

Hi
We have one instance where person has got the property through will and as per registered will which is not probated and will has condition that property can not be sold by inheritor.

We would request to kindly clarify on following points.

1. Can we put such kind of condition in will
2. If such conditions can be put then what will happen of the property if that person is no more
3. Can property be sold by heirs of customer who has inherited the property by way of will after his death or will conditions will prevail
4. If beneficiary had sold that property to some one, can heirs of beneficiaries claim right on that property?

Thanks

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3 Replies

Kumar Doab (FIN) 22 December 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/testamentary/DRT/SARFAESI….matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Kumar Doab (FIN) 22 December 2017

The testator can insert conditions in the WILL. The WILL should satisfy conditions of valid and in accordance with provisions of applicable Laws including but not limited to personal laws. Last wish of testator in valid WILL is supreme.

WILL operates after death of testator. If testator has deceased the WILL should surface and duly acted upon without any cloud on it to transfer the ownership in the name of beneficiary.

The property that devolves upon by WILL is of nature self acquired. The WILL and surrounding facts should be carefully examined by a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary matters having successful track record to opine on the matter.

If the conditions as in WILL permit beneficiary may succeed to sell.

The buyer should get all of the property related and link documents and get these examined by a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil/testamentary matters having successful track record to opine on the matter.

Siddharth Srivastava (Advocate) 22 December 2017

Under the law, under the WILL a life time interest can be created in favour o a particular person and thereafter the property can devolve in favour of ultimate beneficiary by no restriction can be put to the power of beneficiary in alienating the property by WILL or sale etc. Any such restriction is illegal.