will Property
Ch. Sujatha
(Querist) 14 March 2010
This query is : Resolved
Dear Sir,
One widow “X” made a will in favaour of her daughter “Y” with regarding to vacant site of an Extent 5 Cents, there in she put a condition that there is no salable interest to her daughter “Y” only she has to enjoy the said property till her life later on the said property goes to 3 sons of the daughter “Y” ( i.e. grand sons of the widow “X”) with absolute rights. Later on widow “X” died. Now the said Property is in possession of the said daughter “Y”.
Now the said daughter ‘ Y ‘ and her 3 sons are jointly willing to sale the said property.
In the above circumstances daughter “Y” and her 3 sons can sell the said property or not. Legally it is valid or not.
Thanking you sir in advance.
niranjan
(Expert) 14 March 2010
Though Y has limited interest in the property and as per will the absolute rights of her sons come into existance only after death of Y,but apart from the will if mother and sons inherit the property,they can sell.However if Y let goes her right to enjoy the property bequethed to her by will,all of them can sell the property.
Y V Vishweshwar Rao
(Expert) 14 March 2010
I agree with Mr Niranjan
Y is having limited interest and her sons will become absolute owners after Y - the limited interested person- Y and future absolute owners/her sons can jointly sell the proerty - as the Y consented to forgo her limited interest rights in the proerty , which she acquired udner the Will Deed of X- after acquiring the proerty by Will deed , there is no prohibition to forgo her rights.
Raj Kumar Makkad
(Expert) 14 March 2010
No-one is alive to object such sale in the hands of Y with consent of her all 3 sons.
So there is no practical hurdle in disposing off such property.
