• Absolute owner - selling the house

Testator (Dead) wrote following will.

This will  is written in favor of A (wife) B (son-Dead) and C (son).

I hereby appoint my  wife absolute owner of the house. She has right to cell property with consent of one of son.

After her death B (son- Dead- survived the testater ) and  C  will be absolute owner.

Question: Can I (C)  buy  the property from my mother using POA from mother.

or my mother can write will in my favor
Asked 3 years ago in Property Law from United States
Yes, you can buy the property from A . You can get a Will or gift deed executed by her.Do not go for Will.
Devajyoti Barman
Advocate, Kolkata
13179 Answers
175 Consultations

5.0 on 5.0

1. Is B survived by his wife and children? If yes, they will get B's share in the property. 

2. If mother is alive she can sell, gift or make a will in respect of her share in your favour. She does not require the consent of B's legal heirs to sell her share.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1) it is your case that as per father will mother would be absolute owner of the flat . on her demise property would devolve on her 2 sons . 

2) after demise of testator  ( mother) A  was absolute owner of the house . she is free to dispose of property with consent of any one son . 

3) you have not mentioned when B died . who are his legal heirs? 

4) on your mother demise property would devolve equally to B legal heirs and C .

5) mother  as absolute owner can sell the house or execute gift deed if she so desire . 

6) she can execute POA for sale of property . 

7) she can also bequeath the house by will
Ajay Sethi
Advocate, Mumbai
46870 Answers
2772 Consultations

5.0 on 5.0

1. It is not clear as to why it was written the after the demise of A, B & C will be the absolute owner of the property,

2. If A is made the absolute owner of the said property, then it is upto her to decide who she will bequeath the property to,

3. It appears that she had conditional right on the property which was bequeathed to B & C also,

4. If that is so, then B's legal heirs are entitle to B's share of  the property,

5.So, as per me, if C buys the property from A without the consent of the legal heirs of the B, the said sale can be challenged by the legal heirs of B,

6. Moreover, probate shall have to be obtained of the said Will without which share of the property can be  claimed by the legal heirs of B.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

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