See if will is probated only life right is created same cannot be sold. You cannot sale the property you have only life interest in same.

Means if the will is honored and property is registered according to will then you get life right over the property. In simple terms property received vide this is will to you ,you don't have absolute rights over it.

since u r the beneficiary and Testator has passed away, will can be acted upon so u can sell the property if it is vested in u.
In case the buyer shows any reservation then get the will probated. under the given circumstances.

Dear  Sir,

Subject to the conditions of Will you are absolute owner. As you said “enjoy the same generation to generation without the right of alienation or creating any charge, in case if any of them alienates or creates chare over the said property it shall go to a mission”, it goes without saying you can sell it too. The rules of Will must be as follows please cross check.

The only condition is Beneficiaries under a Will cannot be its attesting witnesses. Other Rules are as follows:

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To have the flats transferred to your name or to your children’s names, either of the following may be done:

Gift: (i) With respect to the flat in which your name and your father’s name are shown as owning equal shares (flat A), your father may execute a gift deed in your favour/in favour of your children, gifting to you/them his share in flat A;

(ii) With respect to the flat in which your, your wife’s and your mother’s names are shown as each owning a one-third share (flat B), your mother may execute a gift deed in your favour/in favour of your children, gifting to you/them her one-third share.

Will: (iii) Your father may execute a Will and bequeath his share in flat A to you/your children (such a bequest to you/your children will only come into effect upon the demise of your father);

(iv) Your mother may execute a Will and bequeath her one-third share in flat B to you/your children (such a bequest to you/your children will only come into effect on the demise of your mother).

If your parents execute a gift deed as above, the provisions of section 122 of the Transfer of Property Act, 1882, must be kept in mind, i.e, a gift is considered to be valid only when (i) it is made voluntarily; (ii) it is without consideration; (iii) there has been an offer by the donor; and (iv) the offer has been accepted by the donee, and the donee actually accepts the gift. This will also apply when property is gifted to blood relatives.

Stamp duty has to be paid on a gift deed and shall be payable in accordance with the provisions of the Stamp Act applicable to the state where the property is situated. Gift deeds also have to be registered under the provisions of the Indian Registration Act, 1908, and applicable registration charges have to be paid.

In the case of a gift to a family member, the stamp paper is to be bought in the donor’s name. Also, if your children are minors and it is intended that the gift be made in their favour, please be guided by the Supreme Court judgement passed in 2003 by Justice Y.K. Sabharwal and Justice D.M. Dharmadhikari.

If your parents draw up a Will, (i) the Will has to be in writing, (ii) it has to be executed by you and (iii) it has to be attested by two witnesses. It must be noted that the beneficiaries under a Will cannot be the attesting witnesses to a Will.

There is no specified format for a Will. It could be drawn up on plain sheet of paper and handwritten by the testator.

As per section 74 of the Indian Succession Act, 1925 (Act) no technical terms need be used. However, the intentions of the testator, including the property to be bequeathed and the beneficiaries, must be clearly set out in the Will. The Will must be signed by the testator or his mark affixed thereto or signed by a person as directed by the testator and in the presence of the testator, all in the presence of at least two witnesses, each of whom must also sign the Will.

A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, thus it is the testators choice as to whether he wishes to register the said Will. There is no stamp duty payable on a Will.

In both the cases, whether a gift deed is executed or a Will is drawn up, it would be advisable for your parents to state and acknowledge that the name of your father was added in flat A and the name of your mother was added in flat B only for convenience and that all payments have been made/are being made solely by you. This is to mitigate any challenge to your parents having gifted/bequeathed their respective shares in flat A and B.

1) as per will you only have right to enjoy the property during your lifetime 

2) you cannot sell the property 

3) you can on baisis of will apply for mutation of property in your name 

what it means is you must apply for probate of will 

probate is judicial proof that wil is genuine 

you cannot sell the property but can give property on leave and licence take the rentals of the property 

1. Since your uncle bequeathed the property to you on the condition that you have only lifetime interest over the property and cannot be sold or mortgaged, then, in your lifetime you can only enjoy the property but you can't sell it during your lifetime.

2. However, as per your narration, the WILL in the instant case is against the law of perpetuity and not to be considered as a valid WILL.

Dear Client,

Enjoyment of property shall be govern by bequest condition. Condition restraining alienation to trasnfer the property is void but this restrain void between living persons.

Here Trasfer in any manner restricted except succession.

You cant selll the same to third party it will pass on throgh generatin to generation. if the alienation takes place you will lose the fruits of the same

can you please type out the entire clause in the Will

there is some confusion as to whether property is bequeathed to you alone or you and other persons jointly 

the ultimate bequest to mission upon happening of a specified uncertain event will be void [s.118 of Indian Succession Act]

also Will says 'generation after generation' - so after your demise, it is not specified who will have life interest in the property - such a bequest is also void for uncertainty

as the intention of the testator is to be always given effect to - in my opinion the bequest would be to you - not life interest but the whole interest which the testator had in the property bequeathed 

consequently in my opinion you can sell the property upon it being mutated in your name post probate of Will [subject of course only in case if probate is required for this Will]

You can enforce trhe Will and inherit the same.

There can be no registgration done on your name however based on the will contents' you will become the absolute owner.

If the Will syas that you cannot alienate the property and it shall pass on to your next generatin,  then you cannot sell the same.

what do you mean by this "See if will is probated only life right is created same cannot be sold" can you explain?

It means you can enjopy the property till your lifetime but you are not entitled to sell the property.