Greetings to all members of Team Kaanoon. I have a question regarding a strange will. The will was prepared by my grandmother and after her death it came into effect binding my father and his elder brother. Now my father and his elder brother are living in the same house separated by a common wall. The will clearly states that if my father tries to sell his portion of the property, he needs to first offer it to his elder brother and he can purchase it at a price that he deems fit.
My father is no more, he died without a will and his side of the property is in the joint names of me and my mother (Joint Khata). The will now stands in force upon us. We are trying to sell our portion of the property, but our relatives in the other portion are preventing us from doing so by using the will, and they are offering a rate less than the market rate. What do we do in such a case as we would definitely want to sell it at a good price?
I have met a few purchasers who are willing to purchase such kind of properties having such kind of legal hassles. What do you suggest in this case?
Asked in Property Law from Bangalore, Karnataka
has probate been obtained of will ?
ask your relatives to give offer in writing about rate they are going to offer you for your property .
compare it with rate offered by other purchasers . inform your relatives about counter offers received . if they are willing to match the offer sell to relatives only . other wise sell it to other purchasers . let your relatives move court if they want to challenge the sale
How did your grand mother acquire this property? Did she purchase it from her own earnings, or the property was gifted to her by some one else? Has the probate been obtained? Whether or not the will can now be challenged by you and/or your mother depends on the origin of the property which is the subject matter of the will prepared by your grand mother. Do not sell the property over and above the rights conferred on you by the will as your relatives may move to the court and seek a stay order against the sale.
I agree with Mr. Ajay Sethi. To avoid legal trouble in future take help of local advocate while preparing the written notice.
Hi, issue legal notice calling them to purchase the property as per the will they have right to exercise first option then if they are exercise their option then you can proceed further...... if they are ready to purchase the property as per your rate well and good or otherwise you can sell to third party.
Thanks for the responses everyone, my grandmother purchased this property and after her death divided among my father and his elder brother. Probate was obtained on her will.
Now we want to sell our share of the property, but the will is preventing us from doing so as we need to offer the property for purchase to our relatives. If we ignore this clause of the will and go ahead with the sale what would happen?
My mother is ready to sell it to relatives even though they are offering a low price. I am not ready to sell. My mother has taken till date 6.5 lacs from them. I am not willing to sell at a low rate, I want to rent out the place (ground and first floor) as commercial space. Will I face any issue in this case and in case I rent it out is my mother's signature necessary on the rental agreements........
Asked 3 years ago
If your grand mother purchased this property then she had every right to make the will. If you sell the property without first offering it to your father's elder brother then the sale can be challenged in a court of law whereupon the same may be held illegal which could give rise to further litigation between you and the seller as the latter may bring a law suit against you.
Consult a lawyer professionally and show him the will and deed of the property as the possibility cannot be ruled out of some clause therein which may within the legal periphery be maneuvered by you in your favour.
Hi, contact any advocate he will guide you after go through the documents.
it appears to be your grand mother self acquired property . in addition she has made a will and probate has been obtained of the will . further it appears your mother has already taken Rs 6.5 lakhs advance from your relatives for sale of property . you cannot rent out your share of property for commercial purposes without consent of your mother. better contact a local lawyer