Civil Procedure Code (CPC)

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jasu   29 August 2016

Is it possible to sell property with will testamentary deed

A Muslim father had done a will testamentary document,registered (uyil in tamil) for his 6 sons, after the demise of the father and mother, one of the son wish to sell his immovable property.

my queries are as follows:

1) Does the buyer can buy the immovable property from one of the son based on the will testamentary document?
2) Does the will testamentary document is valid by mohammedan (muslim) law for selling the property?
3) Whether all 6 sons should agree and make a new settlement deed based on will document for selling their own property ?

It would be helpful to know your suggestions or reply for the above questions..

Thanks in advance 

 1 Replies

Kumar Doab (FIN)     30 August 2016

Muslims can dispose 1/3  property by WILL.

If ratified by all legal heirs disposal of more than 1/3rd may be possible.

A valid WILL is to be executed and acted upon.

So first, let the valid WILL be submitted to authority under whose jurisdiction property falls.


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