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Vasu (Manager)     14 July 2014

Property selling through will

Sir,

Kindly help us on the below query.

My wife's Grand father has executed an WILL in 1992 ,which is also registered.As per the WILL, the property (house in Chennai suburb) can be utilized by his Daughter-in-law (My Mother-in-law) and there after it would be owned by his 2 grand daughters. He had also mentioned that his daughter-in-law cannot mortgage or sell the property during her life time and his grand daughters can sell after their mother's time.

FYI, the Grand father has one son (expired), and two daughters. He has also written clearly that two daughters cannot claim anything from that property as he had settled them (but no details are mentioned in the will).

Since my mother-in-law is aged and not able to manage the property separately, she wants to give it to her two daughters. We would like to know the procedure for selling this property

Note : The Original sale deed is in the name of the Grand Father.

1. Can the two daughters sell the property (Provided my mother-in-law agrees to give her share through Release Deed)

2. If not , Can the property ownership be changed to my mother-in-law and then all three (Mother-in-law , two daughters) can jointly sell the property ?

3. Should the two daughters of Grand father needs to sign for releasing their shares (being legal heirs) ?

Kindly guide us to proceed further .



 1 Replies

Laxmi Kant Joshi (Advocate )     14 July 2014

Yours wife's grandfather had done a conditional will, In this property your mother- in- law had got only enjoyment rights she can not sell that property, your daughter had got the right to sell the property but after the demise of her mother , during her lifetime she cann't sell the property , therewere no share of your mil in this property nor the two daughter has any right over this property.

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