Right of sale
pushpakrishna
(Querist) 12 February 2012
This query is : Resolved
A person acquired land through a will deed by his grand mother.now the person wants to dispose the land for his maintainence(he and for his wife) as his son is not maintaining the father and mother though son is having sufficient income for month and daughter also not looking them.the property came through a regd..will is the ancestral property.is there will be any problem selling the same by his children? some body is telling that property acquired through a willdeed treated as self acquired property and no body can object even by his children.advice me.
Raj Kumar Makkad
(Expert) 12 February 2012
No doubt the property coming by way of will is self acquired and thus children has also no say therein but here a question arises that the will can be made only of the self acquired property and not of ancestral. If the property in the hands of your grand mother was ancestral then she could not have made will. If anyone challenges the will, it can be got set aside.
prabhakar singh
(Expert) 12 February 2012
If the person who made the Will inherited the property from his father to whom grand children were born in his life time then he had no right to will all property except his own share in the coparcenary formed among his children and grand children.
However if the property was self acquired then he was competent to make will of whole property.
Children who are able to maintain still not maintaining parents can be sued by application under section 4 & 5 of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007.
R.Ramachandran
(Expert) 12 February 2012
Dear Pushpakrishna,
Only a person who is the absolute owner of a property can make a WILL in regard to that property.
In the instant case, since the WILL was made by a grandmother in favour of her grandson, for all purposes there is presumption that she was the original absolute owner of the property.
A property in the hands of a female (whether obtained through partition of an ancestral property or otherwise) is treated as her personal property. In other words, once a property is in the hands of a female hindu, then the said property loses the 'ancestral' character.
Since the property was the personal property of the grand mother, when a person gets it by a WILL made by her, then IT IS THE PERSONAL PROPERTY OF THE PERSON WHO GETS IT. It is not at all ancestral anymore.
Therefore, the person who got the property can very well sell the same as per his wish. Nobody else can have any claim or right over the property. There is no need for any consent or signature from any other person. The son or daughter or wife of the person in whose name the property has come through WILL, cannot object to the sale of the property by the person concerned.
There will be no problem whatsoever if that person sells the property. The children cannot at all create any legal problem either now, or at any time in future.
M/s. Y-not legal services
(Expert) 12 February 2012
the property is absolutely self acquired property of the father.,
no one can claim any share over the property..
-tom-
M V Gupta
(Expert) 14 February 2012
Hope the will has been probated. If not, better it is got probated. This is only to avoid challenge to the validity of the will. Whether the will is probated or not the legal position explained in detail by Mr. Ramchandran holds good.
A. A. JOSE
(Expert) 15 February 2012
Nothing more is left to be added by the elaborate opinion rendered by Shri R. Ramachandran and I fully endorse his view.
