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nlr (na)     16 September 2024

Selling property received by registered will, co owner consent

 My aunt who was a child widow purchased a plot of land and built a 3 storied structure on it. She made a registered will and bequeathed the property to the children of her sisters. Mynaunt is no more. I am a beneficiary of the property along with my younger sister and two other cousins. My sister and I who inherited one floor of the property now want to sell our share. Each floor has been assessed seperately for property tax and has a separate door number. Utility meters and water are also separate. I need my aunt's will deed reviewed. No further partition deed was made on this property. Do I need other co owners consent while selling mine and my sister's share? Will buyer get good title in this case without coowner consent? 

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Extract from registered will is below:

 I hereby bequeath the building No. X situated at XYZ address as under:

I hereby declare through this instrument that A be given the entire ground floor portion excluding the stair case in premises No. X . That A shall hold the same as an absolute owner without let or hindrance from anybody.

I hereby declare through this instrument that B be given the front portion of the first floor, including the right of passage and usage of stair case in premises No. X . That B shall hold the same as an absolute owner and has full rights to alienate the same as an absolute owner without let or hindrance from anybody.

I hereby devise and bequeath upon C all the rear portion of the first floor, including the right of passage and usage of stair case in premises No X. That C shall hold the same as an absolute owner and has full rights to alienate the same as an absolute owner without let or hindrance from anybody.

I hereby declare through this instrument that D be given all the second floor, including the right of entry and usage of stair case in in premises No X. That D shall hold the same as an absolute owner and has full rights to alienate the same as an absolute owner without let or hindrance from anybody with power to alienate the same.

That the undivided land in premises X be shared by A,B,C,D jointly in four equal shares and also the terrace in common to all four persons in equal shares.



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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 September 2024

As your aunt has already separated your shares, each sharer can sell his/her share to a buyer.  No release deed is necessary in this case.

nlr (na)     16 September 2024

My sister and I are persons B and C in the will deed. We want to sell the first floor we received as inheritance along with the undivided share of half the plot area. 

Does the narration of the land component require consent from other beneficiaries ie. A and D?

T. Kalaiselvan, Advocate (Advocate)     16 September 2024

The ground underneath as well as the terrace area is a common area belonging to all the beneficiaries equally as per the bequest .

Therefore you can repeat the same schedule of property in the sale deed as well.

However it is advisable that you mutate your share of property through revenue department to avoid future legal hassle if any 

nlr (na)     17 September 2024

Kalaiselvan sir, yes, we have mutated individual floors as per will and are paying property taxes accordingly.

For the upcoming sale of first floor along with half plot as undivided share, do we need consent of other two cousins? 

T. Kalaiselvan, Advocate (Advocate)     17 September 2024

There is no necessity for their consent however as a courtesy sake you may inform them about your plan to sell your share and in case they are willing to purchase the same at the price what you offer to the outsider, you can very well sell the same to them.


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