Law of will
babug
(Querist) 07 May 2012
This query is : Resolved
can a person who had bequeathed his immovable property to his friend, sell the bequeathed property to the same friend for a consideration.
What is the status of the above sale deed of the immovable property If the consideration received from the buyer[friend] is the money lent to the buyer friend earlier by the testator[seller].
Can the legal heirs of the teastor on the demise of the teastor claim the sale transaction as sham and hence void.
Adv.R.P.Chugh
(Expert) 07 May 2012
Dear Querist,
In my view :-
1. As will takes effect only on death it can be revoked impliedly or expressly.
2. Selling it off amounts to express revocation.
3. Past Consideration (Something done in the past) for the promisor is good consideration for the promise, but it should not have been done voluntarily, but at the request of seller in this case.
4. No they won't be able to.
R.K Nanda
(Expert) 07 May 2012
I agree with Bharat Chugh.
Naresh Kudal
(Expert) 07 May 2012
Well Replied by Mr. Bharat
V R SHROFF
(Expert) 07 May 2012
WHAT A HEIGHT OF IMAGINATION.
ASK FACTUAL QUERY, NOT IMAGINARY ACADEMIC QUESTION.
How will friend AQUIRE property when his friend is still alive ??
Anyone can change his WILL, and untill death, one cannot acquire, sell or trf that property, , where he may or may not get right over the property.
And after death, he cannot remain alive to purchase it.. [Otherwise it is sale deed, not WILL]
BABUG, U UNDERSTOOD??
Shonee Kapoor
(Expert) 08 May 2012
nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 09 May 2012
Dear Querist,
In addition to the experts,first know the meaning of bequeathing.
To give or leave by will, to give by testament, said especially of personal property.
To hand down; to transmit.
To give, to offer, to commit.
What would you choose from the above.
