UNREGISTER WILL
Harsh
(Querist) 11 June 2011
This query is : Resolved
What is the option available to the lady who is having the WILL, GPA, AREEMENT TO SELL, ETC. (all are notarised) from his brother, if she wanted to sell the house of his brother after his death as per the above documents?
Brother's wife left him after the marriage and all his family responsibility was taken up by his sister with due agreement between them. Brother wanted to register the above documents but he couldn’t perform the same and died. Sister arranges the marriage of one his child through their own expenses. Now, sister is unable to do the same for another child and wanted to sell the property.
Now, Sister cannot take permission from the brother's wife and married girl.
WHAT IS THE REMEADY IN THIS CASE?
PALNITKAR V.V.
(Expert) 11 June 2011
What is in the Will? Whether the house was self acquired property? In whose favour the agreement of sale is? these questions are very much relevant. The Sister would be able to sell the property if GPA authorizes her for that. But the query can not be satisfactorily replied unless all the details are provided.
Harsh
(Querist) 11 June 2011
Will mention the reason that why he is giving the property to his sister.This house is self acquired.As far as agreement to sale is concern than it also in the favour of Sister.
M V Gupta
(Expert) 12 June 2011
GPA lapses on the death of the brother.Hence is of no use. since the brother has bequeathed (given) the property by his will to the sister, the property vests in her with all rights of ownership. On the bsis of the will she can sell the property. But the will should be probated in a court of law so that the buyers will acept her title on the basis of the will. Consult local lawyer for probating the will.Agreement for sale my be ignored as it has no legal effect now.
