Joe Thomas (Principal) 28 February 2015

Registering inherited property

Hello,

Thank you for the valuable service you are providing through this website. My grandfather had willed his property (agricultural land in Kerala) to his two grandsons (me and my brother). The will was registered and he passed away a month later. It is now more than a decade since my grandfather's death, but the property is still in his name and the taxes are being paid in his name. The will states that the property should not be sold during the lifetime of my parents. My dad passed away 5 years ago. My mom has no objections to selling the property. The will also states that we brothers can only sell the property to each other. My grandfather wanted the property to stay in the family and hence he added such conditions in the will.

My questions are:

1. How do we go about getting the property registered in the names of my brother and I? Can you please guide me through the procedure step by step?

2. Can we sell the property even though the will says it can't be sold while my parents are alive and can only be sold between the brothers?

Thank you for your guidance.

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8 Replies

saravanan s (legal advisor) 28 February 2015

Till ur mother is alive you cant register the property on your name.

Jai Karan Nagwan (consultant) 28 February 2015

You can get property registered in your and your brother name, but you can sell out to third person during your parents lifetime and even during your and your brother lifetime, which is last ambition of your father. You should respect that to have peace to your father soul looking at you from another world, otherwise legally also wrong.

Jai Karan Nagwan (consultant) 28 February 2015

I mean you can not sell........., rectifying above error.

shrivaishnavmukund 28 February 2015

You can go to Local land records office and ask for guidance..

The will be executed as per your grandfather will. and the property will be inherited accordingly.or else you can approach the court, and direct the land records to be changed accordingly as per direction of court under rare circumstance as you and your brother need to sell land for sake of money as you are you are living hand to mouth and will is not applicable.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 28 February 2015

Till your mother is alive you cannot transfer nor sell other than brother

Advocate Ravinder (Advocate/Attorney) 01 March 2015

I Agree with Saravanan and Jai Karan Nagwan.

Jai Karan Nagwan (consultant) 01 March 2015

Thanks for sharing your thoughts Ravinder, I have also opinion that both brother also can not transfer to third person during their lifetime except between both brothers as per query.

T. Kalaiselvan, Advocate (Advocate) 03 March 2015

The property if acquired acting upon the Will enforcement, the recitals of Will are to be adhered to in full respect. If the property cannot be sold to a third person, it remains, however since your mother is having life time benefits in it, the mutual consent between you and your brother to sell the property mutually or jointly to a third person may be postponed until the conditions implied is in vogue, i.e., the life time benefits of your mother.