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N Omprakash   07 October 2020


In a WILL, father has written ground floor for elder son and first floor for younger son on the same plot of land - father is alive.
One son in the same property, second son is in a different State. In the eventuality, if the son for first floor wants to dispose of the property it is impossible to do it.
Kindly advise.


 10 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 October 2020

1. Property CANNOT be disposed off on basis of WILL,  "TILL" Father is alive.

2. One Son can purchase or take gift of the property of Second Son, as & when required.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (subregistrar/supdt.(retired))     07 October 2020

Yes.  As per your query, your father is alive.  so either you or your brother cannot sell the property as the Will comes into force after the death of the Testator.

G.L.N. Prasad (Retired employee.)     08 October 2020

Let friends or relatives of your father explain the difficulty to your father and let him rewrite will as suggested by local advocate to avoid any such complications / disputes in future.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 October 2020

Please see to it that your father is counselled to modify the Will properly, as the present Will creates more problems than it settles if any.

N Omprakash   08 October 2020

Good morning, sir/s.
Thanks a lot for the opinions shared.
In the given situation, what is the suggested way - division of property between two sons, for rewriting/modifying the WILL.
Kindly suggest.

G.L.N. Prasad (Retired employee.)     08 October 2020

Please go through replies and contact advocate with your hypothetical assumption. so that advocates can explain practical problems if any to your father and redraft the will that is not complicated.

P. Venu (Advocate)     08 October 2020

Any suggestion depends upon the locally prevailing law. Please examine whether each floor could be got registered as separate property. Anyhow, the matter is a mere contingency at present.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 October 2020

It all depends upon the way the property is and it's extent. Can it be divided between brothers exactly half to each? Unless the property is seen nobody can give a suggestion. 



Dr J C Vashista (Advocate)     09 October 2020

The son is not the owner.

Seek professional service of a local lawyer with relevant documents.

varun aggarwal (Advocate)     13 October 2020

As long as father is alive, sons get no right under the will. It’s only after the demise of father the WILL come into operation. So at this point no question of selling ground or first floor by sons. In case of inheritance after the demise of fathers, The other son can sell his First a Floor since there’s no impediment for the sale. But the prospective vendee has to take possession of the said floor THROUGH court if the entire house is in possession of One Son. If he’s having threat then an Injunction suit can be filled against the prospective vendee but not against brother.

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