• Decree

Dear Sir , 

My Grandfather transferred his house to my grandmother before passing away through an arbitration decree. 
The Decree was not registered. My Grandfather passed away without a will with two children : A AND B. A : My Father 
 B : My Father's Sister 

My Grandmother had a will in which she willed the property to me and my two brothers. 

Can I , along with my two brothers , sell the property ( Without the registered decree ) 
bypassing my father's sisters ( B's ) Legal Heirs?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1. If taking of Probate is compulsory in your state then the Will has no force until Probate s taken.

2.So apply for probate and once it is taken you can take benefit out of this Will.

3.there after you can sell it to anyone you choose.

4. Your aunt has no share in the proeprty.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hello,

1) If the property was not transferred through a registered document to your grand mother, she has not acquired title over the property and much less had the right and title to will the entire property.

2) You may succeed in selling the property, however bypassing the legitimate heirs can raise legal issues for the buyer and you at a later date if any dispute arise as the title is not clear.

3) It would be advisable to reach a settlement with the legal heirs and get their consent to sell.

S J Mathew
Advocate, Mumbai
3561 Answers
175 Consultations

5.0 on 5.0

1) once an arbitration award is passed it would be binding upon parties

2) award passed by arbitrator has not been challenged by any of the parties

3) your grand mother would be absolute owner of the house

4) she can by will bequeath the house to you and your 2 brothers

5) apply for probate of will

6) i presume will is attested by 2 witnesses

7) your father sisters would have no share in the house

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Section 31(5) of Arbitration & Conciliation Act, 1996 states that the arbitral tribunal shall communicate a 'signed' copy of the arbitral award to the parties. Thereafter, the parties are entitled to file the applications for setting aside the award under section 34(1) or for enforcement of the award under section 36, as the case may be, by annexing the copy of the arbitral award communicated to them.

2. The court in which the execution proceedings are commenced and pending can itself require the stamp duty to be fixed on the award..

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You are not clear in your query.

2. You have mentioned "My Grandfather transferred his house to my grandmother before passing away through an arbitration decree".

3. Who was the arbitrator and who were the litigators? You are required to clear this point first for getting proper advise.

4. However, Arbitrator is a quasi judicial authority whose decree/order can not be registered. It is a decree and not a deed that you will register.

5. You can now jointly sell the property being the legal heirs f your grandmother for which you shall have to collect the legal heir's certificate from the counselor of your local municipal corporation.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If your grandmother acquired the property through settlement then the will now being made on you is very much valid.

If your grandmother is not alive then the will made by becomes operative.

If will is acted upon and the records have been transferred shall be legally valid.

The claim by your father and his sister may be set aside.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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