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Arvind Vishnoi (Manager)     05 March 2013

Sell right against house property

Respected experts,

I am 40 year old and having a son who is 17 year old.

My grandfather had done 2nd marriage after death of his 1st wife who is actually the sister of my 1st grandmother.

My 2nd grandmother has no child and retired as bank manager while our 1st grandmother is having 3 son (A, B, C) and 2 daughters (E, F). All got married in due course and living in separate locations. While my 2nd grandmother living with his younger son C till death in 1988’s.  His elder son having 2 Son, middle son having 1 son and 1 daughter, and His younger son having 3 Son (X, Y, Z).

My 2nd Grandmother has left 3 houses, 1 Partnership firm with his younger Son C, and 1 Kg Gold Armaments. My grand mother made one registered will in 1986, in his will she has distributed all the property to his grandson (X, Y ,Z) and Firm Share to his younger son C,  along with equal distribution of gold armaments.

My grandmother expired in 1988 giving funeral right to his younger son C in his registered will, she has written that after his death all house which is constructed by his hard earned money has to be in the hands of my father (C) till my father alive and then house H1,2,3 goes to grandson X, Y, Z sequently. Further registered will having the condition that my father (C) as well as grandson and his legal successor not having the right to sell or mortgage the house even the property is fully nominated for him.

My father still alive (Age 75 Years) and staying with us. Please note that myself Z and my father C agree to sell the house no H3 to overcome our immediate financial requirement. I would like to know legal suitability of above.   



Learning

 2 Replies

Rajendra Shrivastava (advocate)     05 March 2013

yes you both can sell.

Arvind Vishnoi (Manager)     06 March 2013

If anyone raise objection, Please confirm detail pros and cons, expected justice.


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