• Sale of inherited property in Karnataka

My father's younger brother had a considerably valuable land in Bangalore. When he died, my aunt got it transferred in her name. Some months ago she died. They had no children. She left a will in which she gives the property to 11 inheritors, who are her husband;s relatives. There are 3 executors named in the will. Two are from the beneficiaries and one is not a beneficiary (but a son of a beneficiary). The Will says since the property is indivisible, it may be sold and the proceeds be divided among the beneficiaries as per their entitlement. The Will is now probated. My question is: 1. Who is authorized to sign a sale deed and receive money: The executors or the beneficiaries? 2. Can the property be sold if one or two of the beneficiaries do not turn up for signing the sale deed? 3. If one of the beneficiaries feel that the sale is corrupt, can they stop the sale?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) The executor is the legal representative for all purposes of a deceased person and all the property of the testator vests in him until the property is distributed as per the provisions of the Will. 

2) under Section 317 of the Indian Succession Act, it is duty of the Executor to submit Inventory within six months from the date of obtaining probate which inventory shall be in respect of   all   the   properties.

further  within one year from the grantor  within  such   further  time  as   the   said  Court  may  appoint,  exhibit account of the estate, showing the assets which have come to his hands and
the manner in which they have been applied or disposed of.

3) the executor can sell the property with consent of the beneficiaries 

4) if beneficiary wants to challenge sale of property by executor he would have to move court for stay of sale 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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Hi,
Since the WILL is probated , the division of the shares can be according to the court probate  order and as per the wish of the one who made the WILL.
     The Sale deed has to be signed by all the beneficiaries as the executor is the trustee and has no right in the shares if he is also not the beneficiary mentioned din the WILL.

     The Executor is the administrator he can initiate sale  and see the procedure of else  and sharing the money happens as per the WILL
to register the sale deed all the beneficiaries have to be present or-else their Power of Attorney has to sign the sale deed.

  yes any one of the beneficiaries , if they feel that there is a conspiracy or fraud , they can object the salle deal and refuse to sign the deed
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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All the beneficiaries must sign the sale deed. It is good for creating a valid sale deed Executor is the administrators, they can initiate sale and see the procedure of distributed the share as per the provisions of the Will. 

If any of the beneficiaries wants to challenge sale of property by executor he can move court for stay of sale.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. All the beneficiaries have to sign the sale deed if the property is to be sold in its entirely as a single unit.

2. The executor cannot sign the sale deed.

3. If any of the beneficiaries do not agree to the sale, or otherwise abstain from signing the sale deed, the remaining beneficiaries can sell the land to the extent of their own share therein.

4. The only way to stop the sale from proceeding is by seeking a stay order. So if a beneficiary applies for a stay order the other beneficiaries who are into a positive agreement to sell the land can oppose the grant of stay by the court.



Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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1) in my reply to your query I had specifically stated that executors can sell property with consent of the beneficiaries  hence all beneficiaries have to sign sale deed

2) to your specific query whether any beneficiary can challenge sale of it is corrupt I had replied he can do so 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Dear ,
The Will says since the property is indivisible, it may be sold and the proceeds be divided among the beneficiaries as per their entitlement. 

What the above sentence means ? This mean the property is not divided in between parties and the beneficiaries could not file a case for partition for their respective shares .The second portion means it can be sold and divided the amount as per their entitlement. 

Khatha contains all the details of a property like name of owner, size of the building, location of the property and all other details that is required while filing your property tax.

If you produce the will with legal heir ship and other required documents before the authority ,the Khatha Extract can be change to their name 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1.Beneficiaries are authorised to sign the Sale Deed and not the executors.  Executors have to supervise and to watch whether all the beneficiaries, as per Aunt's WILL, got the benefit and to see that dead aunt's wishes are fulfilled.
2.Obtaining POA, in the name of one of the beneficiaries, from other beneficiaries who do not turn up for signing the sale deed, the property can be sold or if anyone or more of the beneficiaries do not want his/their share, then such persons can execute a Relinquishment Deed in favour of anyone or all the other remaining beneficiaries.
3.If one of the beneficiaries wants to stop the sale, it can be done by moving the court.
4.Khata need not be changed in the name of 11 beneficiaries for selling the property and it can remain in your dead aunt's name and still the beneficiaries can sell the property.
5.All the beneficiaries put together can have a Family Settlement Deed, before going for sale of the property.
6.Even though the property is in your dead aunt's name, by producing the Death Certificate and the probated WILL, the beneficiaries can execute sale deed.
Shashidhar S. Sastry
Advocate, Bangalore
1236 Answers
59 Consultations
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1. Whose absence will nullify the SD? If you mean the executors then their absence will not nullify the sale deed. The executors cannot sign the sale deed.

2. Despite the clause in the will which disallows the division the beneficiaries can individually sell their share in the property. The court cannot order the sale of the property contrary to the manner laid down in the sale deed.

3. The khatha can be changed only after the SD is executed. This part, contrary to your opinion, was not required to be answered by a Karnataka based lawyer alone, so I answered it. The local practices cannot be in violation of the law.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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1. The Will has already been probated. So, the legatees are the owners of the said willed property,

2. All the said owners or their legally executed and registered POA holder can sign the sale deed as the seller/vendor,

3.No. Since the property is indivisible and can not be partitioned, all shall have to agree for the said sale,

4. If any of the said owners do not agree with the sale, the sale deed executed and registered without his signature will be illegal.

 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1. Yes, under the given circumstances, the property can be sold without the consent of all the owners,

2. Mutation is required to be done in the name of all the benificieries/owners to ensure that the new owner can easily mutate his name after registering the sale deed in his favour, if all the owners agree.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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