A person left a will for his house in which he has mentioned that the wife will enjoy till her death the rentals and income from this house and after her demise the 3 siblings will divide the property among them selves in the ratio of 20%going to the daughter and remainging 80% to both sons shared equally.
Now the children wish to sell the property ,mother has also agreed to this deal ,can the children sell this property when their mother is still alive,
One lawyer has suggested u conceal the will and go for partition of the property by meets and bounds,wherein the wife and 3 children will get share and then u can sell the property
Asked 2 years ago in Family Law from Bangalore, Karnataka
1)as per will mother has rights to enjoy rentals and income from house during her lifetime
2) it cannot be sold during her lifetime
3) if father died intestate mother and 3 children have equal share in property and property can then be sold
The will has to be perused threadbare to know if mother can sell the property during her lifetime. The suggestion of your lawyer is the best possible suggestion if the will is not registered.
If the children are planning to sell the property against the conditions of bequest made in the will, the prime beneficiary i.e., the mother shall remain a loser even if she agrees to it.
However if they plan to sell the property now ignoring the will and its condition, then the sale proceeds of the property shall be divided equally or as per the mutual agreement among themselves.
Partition is not necessary if all the shareholders decide to sell the property jointly.
1. Was the will registered?
2. If not then the fact of existence of the will can be suppressed and the property be jointly sold as it is by all the legal heirs,
3. For jointly executing and registering the sale deed, the said property need not be partitioned at all and can be sold as a jointly inherited and held property.