Selling property rights in a registered will
Will
(Querist) 27 March 2012
This query is : Resolved
In his Will, my father has specifically bequeath the constructed portions ( front and rear) on a given plot to me and my brother ( front to my brother and rear portion to me). Since its an undivided property, the open area was not mentioned about in the Will. My brother is not interested in getting the Mutation done in our respective names and as a result I can't even get my portion reconstructed. Its an old property and needs massive repair and at present I am unable to maintain it. The said plot is still on leasehold in Delhi. I am tired of my brothers' antics and want to transfer/sell my rights to this property to someone else and lead a hassle free life. My question is:
a) Can I legally transfer/ sell my rights to this property through my late father's registered will to someone else without mutation in my name? ( By writing a will/ transfer deed/ Power of attorney in another person's name)
and
b)Do I need an NOC from my brother in order to sell it to someone else? I read somewhere that the Co-owner has the first right to buy. But I also read that since I was given this portion through registered will of my late father, hence it becomes my self acquired property and I have a right to dispose it off however I like, probably without needing my co-owner's consent.
I want to have a very clean deal. There are no civil matters pending in the court regarding this property and neither of us has contested the Will.
Will
(Querist) 27 March 2012
I would like to thank all the experts in advance for their valuable advice.
Adv.R.P.Chugh
(Expert) 27 March 2012
Dear Querist,
You are owner to the extent of 1/2 of the property, and it's good that it is sufficiently defined which part (the rear portion) and you are within your right to dispose of your interest by any means that you want to gift/sale/will etc. No NOC is required from your brother. I don't see any problems with this assuming that you've obtained the probate of the will.
ajay sethi
(Expert) 27 March 2012
when did your father die? if you are planing to sell your constrcted portion to third party the buyer will insist on probate .
if you want a clean deal and no complications from your broither get probate done .
the will must have contained a provision that i bequeath the residue of my estate to.
you will have to get mutation done in your favour then sell the property .
PARDEEP KUMAR
(Expert) 29 March 2012
Get the will probate, there won't be any hiccups in sale of property then.
