Registered will

Dhaval Pandya (Querist) 02 September 2023 This query is : Resolved
Sir my father is dead he made registered will he is writing that my wife alive not to sell property but now a days she wants to sell property she is owner in society share certificate society is said that we are not trasfer your flat and we and my sister is ready to give noc of flat pl give advise how sell my property

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Your father's registered will stipulated that your mother could not sell the property while she was alive. However, she now wishes to sell it, and the society is refusing to transfer the flat. The property has devolved to all legal heirs, and your mother likely only has a life interest, not the right to sell. You can file a suit for injunction to prevent her from selling or alienating the property based on the terms of the will.

kavksatyanarayana (Expert) 02 September 2023
When your mother is alive, she cannot sell the property. Your mother, you and your siblings may clearly mention the recitals regarding the will. To scribe the document, a Senior Advocate or Document Writer can only draft the document, otherwise, the SubRegistrar may object to do registration of such document.

Dr. J C Vashista (Expert) 03 September 2023
Your mother has been granted rights to "use" and not to dispose the property bequeathed by your father.
The version of Society is right since the property is devolved upon in succession to all legal representatives of deceased member (your father)

T. Kalaiselvan, Advocate (Expert) 03 September 2023
If the Will clearly restricts your mother from selling the property during her lifetime and has been granted only life interest, then she canot sell the property for any reason.
The share certificate is not a title document.
If your mother is trying to alienate the property by any means, you can file a suit for injunction against her on the basis of the Will and can claim that she cannot sell nor alienate the property in any manner and that she may be restrained from doing so in view of the recitals made in the Will.

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