Siva (Engineer) 13 May 2012
My father have two daughters and one son(myself). Last year my father was expired. Both of my sisters got married. My mother is with me. I need to sell some of your properties(2houses and land) which is registered on my fathers name. My father has writen and unregistered will (written on Rs50 stam paper) by making me as the owner of all properties. My mother and one sister signed as witnesses.Is there any issues in selling that properties with out any involvement of my family members?
V. VASUDEVAN (LEGAL COUNSEL) 13 May 2012
This Will is generally in order. However, the buyer may require the consent of your mother and sisters as well, to secure his rights and interest. It would be in better interest to get their consent as well for sale of the property.
vasudevan
S Jadhav 98336 98330 (Jadhav & Associates) 15 May 2012
Since you have a will and if you feel getting the consents of other members is likely to be dfficult later, then it is better that you get your name put in the records by following the process of law i.e. getting a probate and then transferring the properties in your name. However, this is a process that may take some time as well as money.
It would be easier and better if you get their consent for sale.
S Jadhav
rajamurugan (n/a) 15 May 2012
Shiva, I suggest you explore the possibilities of getting it probated, even if it is going to cost you. In most of the circumstance, in situtation like this, when you ask for consent signatures for all the properties to go in your name, there could be some resistance or ill feeling. So, just to avoid all this emotional trauma's , get the will probated.
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