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shyam lal   29 June 2022

Third party sale

There's no demarcation of shares as per metes and bounds mentioned in
the registered WILL pertaining to immovable is only mentioned that if either of the three equal share holders want to sell their share of property to a third party.He would have to give a Notice to the other two share holders of selling his share to the third party.
Query. Just by giving a simple notice of intention of sale or gift of share of property to a third party .is it sufficient and legal..since the WILL does not mention that share holder has to obtain in writing permission or get a no objection clearance from the existing share holders.


 1 Replies

Anila Sabu   30 June 2022

Dear Qurist,

A notice of intention of sale or gift of share of property to a third party is sufficient and legal as long as the intention of the decessed is clear, and other essential factors of a valid will is fulfilled. 

Such as:

  1. A Will must be signed by the Testator and put in writing.
  2. Any Will must be written in a precise, understandable manner. Avoid making any confusing claims.
  3. Must contain information about the parties involved, such as the Testator, the Beneficiary, and specifics about the property and assets.
  4. Give the name and contact information for the will's executor.
  5. Mention the share/division of assets and property between beneficiaries in plain terms.
  6. Include any additional guidelines needed to carry out the will after death.
  7. The Will must be signed or marked by the Testator in the presence of two or more witnesses. The contents of the Will do not have to be known to the witnesses. The witnesses' signatures are simply necessary to confirm that the testator signed in their presence. Obtain two or more witnesses to attest the will, and each witness must have seen the testator sign or seal the will.

  8. Particularly on the last page of the will, the testator must sign and date the signature.

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