Conditional will

This query is : Resolved 
 

(Querist)
19 September 2019

Sirs, My grandfather had made a will in favour of his four sons for equal distribution of agriculture land in Rajasthan. One of the condition of the wiil was that "if any brother intend to sell his part to any oerson other than his brothers, his share will be forefeited and that part shall be devided among other brothes" The will was not effected by his sons during their lifetime,by division of the land. And now all the sons had expired leaving the land undivided. My question is that..."whether the above condition shall also be applicable to grandsons or great grandsons" - whether they can sell the land to any other person outside the family of mt Grandfather
Regards


kavksatyanarayana (Expert)
19 September 2019

Ji, The legal heirs of the deceased may divide the property or as they wish. First obtain succession certificate. consult local lawyer to obtain succession certificate. No. That condition applies to them only and not for their heirs.

Dr J C Vashista (Expert)
20 September 2019

Your father and his brothers became titleholder (self-acquired) by virtue of said will executed by your grandfather. Either of them may dispose it off.
However, whether the agricultural land bequeathed by your grandfather in favour of his four sons, as stated by you, was his (your grandfather's) self-acquired or inherited land?
Show the document to a local prudent lawyer for better analyses and guidance.

SHIRISH PAWAR, 7738990900 (Expert)
20 September 2019

Dear Riya,
The grandsons or great grandsons can divide the land as per their share and dispose off as per their will. You have to get the legal heirship certificate of your grandfather and their sons from court.
Regards,

Riya (Querist)
20 September 2019

Sirs,
Thanks for quick response and expert opinions. I have read somewhere that conditions stipulated in the will has to be strictly complied with. Secondly, the Sec 22 of the Hindu Succession Act shall be applicable in the instant case, which implies that first option has to be given to the co-owner/s i.e the member of the family.(Babu Ram Vs Santokh Singh case decided by Hon'ble SC which made it applicable to the Agriculture land).
Respected Vasista Sir, it was self acquired property by the Grand Father. Sir can yor please share the legal authority which states that conditions stipulated in the will shall not travel beyond one generation.
Thanks and Regards
Riya

Dr J C Vashista (Expert)
21 September 2019

Dear Riya,
Citiation is readily not available, you will have to research.
Best wishes

Riya (Querist)
21 September 2019

Sir,
The Gist of the citation is avavilable at -
https://www.tclindia.in/preferential-right-of-heirs-under-section-22-of-hindu-succession-act-applicable-also-to-agricultural-lands/

https://www.legismeridian.com/preferential-right-of-heirs-under-section-22-of-the-hindu-succession-act-applicable-also-to-agricultural-land/

As regard the question relating to "conditions stipulated in the will ceased after death of immediate beneficiaries" - i am unable to find out its legal authority
Regards
Riya

KISHAN DUTT RETD JUDGE (Expert)
28 September 2019

Dear Sir,
Since Will was not at all acted upon as such condition is not binding upon the legal heirs of beneficiaries.



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