Opinion on available avenues for disposal of property
ashwani kumar bajpai
(Querist) 25 January 2018
This query is : Resolved
By inheritance through a registered will, i own one floor of an old RCC building. I also have purchased another floor in the same building from my brother( his portion). Other two floors are owned by my cousins- sons of my deceased uncle.They have since long kept a family in their one portion and the internal arrangement is not known to us/ told to us. my both portions are locked since many years and are opened only on my yearly visit. My cousins stay in their other self acquired property in same district. I have been in an on all india basis job and will now be retiring. I too have acquired another property in another state and shall settle there. Therefore, i want to sell my portions.
As per Will, one can sell his portion only to the other brother- in this case to my cousins & not to any third party. So i have to sell it only to my cousins who will either decline or never give the right or respectable price as per circle rates or market rate but could effectively use it for any venture of theirs being businessmen. Please guide/help.
jaeinath
What other options i have to dispose of the property- my portions-
Vijay Raj Mahajan
(Expert) 26 January 2018
The condition laid down in the Will of limited transfer of immovable property is against the principle of public policy and the Transfer of Property Act which is for free transfer of property by anyone who owns such property, hence if you do not follow and sell it to anyone else there won't be any problem.
It seems that the Will has not been probated yet, so get it probated from the Civil Court and get the portion of the house i.e. the floor registered in your name. After becoming lawful owner of the floor in the building you will have exclusive right as the owner to transfer the floor in favour of anyone you so desire by registered sale deed as desired by you.
ashwani kumar bajpai
(Querist) 26 January 2018
Thanks a lot. Please allow me to be in touch with you. Regards
Akbajpai
ashwani kumar bajpai
(Querist) 26 January 2018
Thanks a lot. Please allow me to be in touch with you. Regards
Akbajpai
