• House property-Wife and 3 daughters.

I have initiated to buy house property in bangalore. Its a self acquired property by owner(hindu religion)
as bda allotted to him.The owner has expired in 2021 and he has wife and 3 daughters.
Owner has executed a registered will in 2017. In Will he has mentioned vaguely that after his death,'this property has to go to Wife and after that 3 daughters'.
It is not explicitly mentioend that it after his wife 'death' property should go to 3 daughters.
Now his wife and 3daughters are willing to sell this property. all 3 daughters have children who are major as well as minor.
Questions 1. Can Wife and 3 daughters sell this property eventhough in will its mentioned 'Property has to go to Wife and after that 3 daughters'?
 Wife and 3 daughters are ready to sign the sale deed.
 2. All 3 daughters have children.Does daughters children(may be son or a daughter-may be major or minor) hold any share? Should we party them in the deed?
 3. What percentage share of property does wife and 3 daughters hold in this case?. Does they share equal or it is more to wife?
Asked 8 months ago in Property Law
Religion: Hindu

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14 Answers

Yes wife and 3 daughters can sell the property 

 

2) grand children have no share in property 

 

3)in absence of will wife  and daughters have equal share in property 

Ajay Sethi
Advocate, Mumbai
95510 Answers
7656 Consultations

5.0 on 5.0

The things will be determined by the will only not otherwise 

yes minor also hold share if minor is involved court permission is also required 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

1. No. Probate in respect of WILL is required to be applied and be obtained from court and thereafter property is to be mutated. 

2. It is only wife who has life interest and daughters who only have right in the property of deceased father/ husband. Children of daughters donot have any right or title or interest or share in the property.  So children are not required to be party. 

3. 1/4 th each. 

Siddharth Srivastava
Advocate, Delhi
1281 Answers

5.0 on 5.0

1. The wife has life interest without selling rights as per the Will, hence she cannot be a vendor instead she can relinquish her rights in the property to enable the other beneficiaries to sell the properties independently.

2. The three daughters  can jointly sell the property in favor of the prospective buyer once the mother is relinquishing her rights in the property, they do not have to obtain consent or permission from their children for selling the property.

3. Once their mother relinquish her rights in the property, the three daughters shall be entitled to an equal share .

T Kalaiselvan
Advocate, Vellore
85709 Answers
2265 Consultations

5.0 on 5.0

Daughters are party to the sale deed 

 

further mother has no objections to sale of property and has signed sale  deed 

 

there is no risk to sale of property 

Ajay Sethi
Advocate, Mumbai
95510 Answers
7656 Consultations

5.0 on 5.0

So called sale would be illegal and would invite penal consequences. Wif3 and daughters are not owner till probate is obtained and mutation is carried. As such WILL in question does say that wife has life interest. 

Siddharth Srivastava
Advocate, Delhi
1281 Answers

5.0 on 5.0

In that situation, the wife and daughters can execute the registered sale deed in favor of the prospective buyer jointly by ignoring the fact of the existence of a Will.

They can sell the property as legal heirs/successors in interest to succeed to the estates of the deceased instead of enforcing the Will and undergoing other cumbersome procedures involved in that mode of sale of property.

If the beneficiaries have no objection or would like to ignore the Will then all the legal heirs can jointly sell the property. 

T Kalaiselvan
Advocate, Vellore
85709 Answers
2265 Consultations

5.0 on 5.0

Yes suit can be filed 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

Dear client,

 

1. In the scenario you've described, there are several legal aspects to consider. The ownership and transfer of property can be complex, especially when a will is involved. The interpretation of the will and its legal implications can vary based on multiple factors, including the wording of the document and local laws. While the will mentions that the property is to go to the wife and then to the three daughters, the specific terms and conditions stated in the will are crucial. If it's not explicitly mentioned what happens after the wife's ownership, it might default to legal heirs or beneficiaries as per local laws. The wife and three daughters might have certain legal rights to the property as per the will and inheritance laws in India. The daughters, being the legal heirs, may have a claim to the property. Whether the wife and daughters can sell the property will depend on their legal rights and the terms outlined in the will. If there are no disputes or challenges from other potential heirs, and if the wife and daughters are the rightful owners as per the will and local laws, they might be able to sell the property collectively.

2. The legal rights of grandchildren in the property inheritance typically depend on various factors, including the specifics of the will, local inheritance laws, and whether any provision is made for them in the will. In many cases, grandchildren do not directly inherit the property unless they are explicitly mentioned in the will. The property inheritance usually passes to the direct descendants (daughters in this case) as per the will's instructions or the local laws of succession. However, if the will explicitly mentions the grandchildren or if there are provisions for them in the property inheritance, then they might have a claim or share in the property. If the grandchildren are to receive a share according to the will or local laws, their inclusion in the deed might be necessary during the property sale to ensure that their interests are considered and protected. This could involve their legal guardians signing on their behalf if they are minors.

3. Under Hindu law, the property distribution among the wife and daughters depends on various factors such as the nature of the property, the presence of a valid will, and the specific circumstances of the case. Before the Hindu Succession Act (2005), daughters did not have equal rights to ancestral property. However, the law has evolved, and as of the amendment in 2005, daughters have equal rights as sons in ancestral property. Regarding self-acquired property (property that the individual acquired on their own and not inherited), the property owner has the right to decide the distribution through a will. In the absence of a will, the property might be distributed among legal heirs as per the provisions of the law.

In the case you described, if the property is self-acquired and the will doesn't specify the distribution percentages, it might default to equal shares among the wife and three daughters. If the will mentions a vague distribution (such as going to the wife and then to the daughters without specific percentages), it might be open to interpretation. In scenarios where the will is vague or where there's no will at all, the distribution might also depend on any existing agreements or understandings among the family members.

 

In scenarios where there's a will that specifies a life interest for the wife but doesn't explicitly detail the subsequent distribution after her lifetime, complications can arise regarding the sale of the property. While the wife and daughters may wish to sell the property, there could be legal challenges based on the interpretation of the will and the rights of the beneficiaries. If someone has a legal claim or believes that the wife has a life interest in the property, they might challenge the sale through a lawsuit. The contention could be that the property was intended to be held by the wife for her lifetime, and therefore, selling it might be against the terms of the will or the intention of the deceased. This situation emphasizes the importance of clarifying the terms of the will and ensuring that the rights of all parties involved are legally protected before proceeding with the sale. If there's ambiguity in the will or disagreement among potential heirs, it might lead to legal disputes and delay or even halt the sale process.

A lawsuit could potentially result in the cancellation or suspension of the sale deed if the court finds merit in the argument that the wife has a life interest in the property and that selling it contradicts the terms of the will or the legal rights of the beneficiaries. You can reach out to us for further assistance

 

Anik Miu
Advocate, Bangalore
9412 Answers
112 Consultations

4.9 on 5.0

1) only the legal heirs can challenge the will 

 

2) in present case if wife and daughters being the legal heirs are executing sale deed you should not face any problems 

 

3) probate is mandatory in bombay , Calcutta and madras only 

 

4) mother can execute relinquishment deed for her life interest in property 

Ajay Sethi
Advocate, Mumbai
95510 Answers
7656 Consultations

5.0 on 5.0

1. In any case the property is being succeeded by the legal heirs of the deceased, hence there will be no issue or legal problem if the legal heirs ignore the Will and decide to inherit the proeprty as per the law of intestate Succession.  There is no one to object to this arrangement when the entitled persons have amicably settled the issue to sell the property jointly.

2. The procedures of law to enforce the Will as well as going for relinquishment deed is a long and cumbersome process when compared to sell the property jointly by all the legal heirs.  

3. Not necessary.

T Kalaiselvan
Advocate, Vellore
85709 Answers
2265 Consultations

5.0 on 5.0

No need to take consenting witness again

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

- Since, in the Will , it is mentioned that after his death, his property will go to Wife and after that 3 daughters, it means that during the life time of wife , the 3 daughter will have no right over the property and only after his wife they will have right 

1.  As they are only legal heirs of the deceased , hence after his demise the property would be devolved upon all his legal heirs equally , and they have their right to sell the property, if they will not take that Will in light. 

2. During the life time of wife and daughters , none having right to claim , hence their consent is not needed.

3. Each having 1/4 th share in the property . 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Dear client,

 

1. The will holds significant legal weight in the distribution and transfer of property after someone's passing. However, in certain circumstances, there might be the possibility of deviating from the will's directives, especially if all the legal heirs are in agreement to do so. If the wife and all three daughters, who are the legal heirs as per the will, have unanimously agreed to sell the property despite the stipulations in the will, it might be possible to proceed with the sale. This is particularly true if they have come to an understanding among themselves and are willing to sign and execute a sale deed. In such a scenario, where all the legal heirs have willingly agreed to sell the property and are signing the sale deed, the risk of a challenge against the sale being invalid might be significantly reduced. Typically, challenges to the validity of a sale often arise when there are disputes among the legal heirs or when someone's rights are infringed upon. However, it's important to note that despite the unanimous agreement of all legal heirs to sell the property, there might still be a risk of a challenge. For instance, if someone can prove that there was coercion, fraud, or undue influence involved in the decision to sell, they might have grounds to contest the sale. 

Ignoring the will in the sale deed might not be advisable, as it's a legal document that outlines the property's ownership and any existing claims or conditions related to it. While the will itself might not need to be explicitly mentioned in the sale deed, the contents of the will that pertain to the property should be disclosed to avoid any potential legal issues in the future. When selling a property, especially one with a will that might have implications on its ownership or future claims, it's crucial to ensure transparency and disclose any relevant information that might affect the property's title or ownership. However, the sale deed should accurately reflect the current ownership status and the sellers' legal rights to sell the property.

2. Relinquishing life interest from the wife to her daughters can be facilitated through a relinquishment deed, but the ease and process might vary based on several factors, probate is not generally required for the execution of a relinquishment deed. Probate is a legal process where the court validates and executes the will of a deceased person. However, the need for probate can vary based on the nature of the property and local laws. The relinquishment deed would involve the wife voluntarily surrendering her life interest in the property to her daughters. This deed needs to be drafted by a legal professional, signed by the concerned parties, and registered at the Sub-Registrar Office to be legally valid. After the relinquishment deed, the daughters would indeed become legal heirs. In the sale deed, it's important to mention the current ownership structure accurately. Depending on local laws and the terms of the relinquishment deed, the wife might need to provide her consent or be a party to the sale deed to ensure the transaction's legality. In property transactions involving multiple owners or individuals with interests in the property, it's often prudent to have all parties involved as consenting witnesses or signatories to avoid potential legal challenges later.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
9412 Answers
112 Consultations

4.9 on 5.0

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