Anup bhatia (service) 24 March 2010

Sale of Property based on Registered will

I live in an area which is out of the jurisdiction fo the High court of Bombay. The property in which I live is co-owned by my grandfather and grandmother. Grandfather died intestate without making a will. My grandmother made a registered will in my name.My grandmother also died 2 years ago. My Grandparents had 2 children, my father and my uncle, both of whom are alive and do not stay with me. I want to sell the property now. Can I do so based on the Registered Will in my name? If I do sell in any case, what would be the legal precautions I should take to avoid any inconvenience in the future. There are already many interested parties who are ready to buy the property based on my will.

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k.chandrasekharan (advocate) 25 March 2010

In the absence of anything to the contrary, your grandfather and your grandmother, each had 50% share in the property, being jointly owned by them. Your grandfather dying intestate, his share would get divided into three equal shares amongst your grandmother,your father and your paternal uncle, if there were no pre-deceased son/daughter, or any living daughter at the time of his death. (Another presumtion is that your grandfather's mother had pre-deceased).

Your grandmother, by will can bequeath only her share in the property to you, that is 1/2 her own share plus 1/3 of 1/2 inherited share that is 1/6, totalling 4/6 or 2/3 share. Thus you are owner to the extent of 2/3 of the property, the remaing 1/3 shared equally by your father that is 1/6 plus i/6.

So, you can not sell the property , without their consent. Further advice on specific query.