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Will

(Querist) 24 February 2016 This query is : Resolved 
Dear Sir,
My aunty wrote a will in March 2010. Stating that property which she is staying the same property which will go to her sister after her death without alienation power. Now aunty passed way. Now we can sell the property if yes what is procedure
Rajendra K Goyal (Expert) 24 February 2016
After your aunt her sister would get the property. In what capacity you want to sell the property?
Krishnan VS (Querist) 25 February 2016
As mentioned previous query Aunties sister is my mother. Now My mother can sell this property. If yes what is procedure. Its clearly mentioned this will without alienation power.
Sri Vijayan.A (Expert) 25 February 2016
What is the direction in the will by your aunt about the status of the property after the life time of your mother?

At present, as per the version of the will, your mother has enjoyment rights. She can enjoy the same and get benefit of any yields from it. That is all.

She is not the absolute owner and she cannot sell or mortgage the same as she does not get the alienation right.

Regarding the status the property, please consult a local lawyer with copy of will. He will guide you.

Otherwise, mail the copy of will to of the expert here.
ADV-JEEVAN PATIL, MUMBAI (Expert) 27 February 2016
Unless u pdobate the will u camnot sell or sispoaw off
Krishnan VS (Querist) 03 March 2016
Dear Mr. Vijayan,

As per the will she doest not have alienation power. Now if we want to construct a home how to apply for loan hephocating the property
P. Venu (Expert) 07 May 2016
What are the other provisions in the Will?
Krishnan VS (Querist) 18 August 2016
Hi
Property
My aunty made a will in March 2010 after her life time it will go to her younger sister that is my mother with out ailentation power for one generation. After that it will go to her only son (that is me) . Now my aunty passed away the above mentioned property it is in mother name. For betterment purpose she is given to me as a gift aforesaid property.
Now the question is
1) Whether I can sell the property.
2) Whether I will get loan on this property
Please help
P. Venu (Expert) 18 August 2016
From the facts stated , your mother has only a lifetime interest in the property.


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