My mother left a house and plot to me in her will. The property was transferred to my name in 1977. i now want to sell it. Can my wife or children stop me from doing so?
1) you are absolute owner of the property . you can dispose it as you please . your wife/ children cannot restrain you from selling the property
2) if however your wife has filed a DV case and she is staying with you in said house she can seek right to stay in matrimonial home .
1. Has she demised?
2. If yes, file an application for grant of probate,
3. After probate is granted by the Court in your favour, you may mutate the property in your name and sell it of to your buyer and neither you children nor your wife can stop you in doing so legally.
pursuant to her death you have succeeded to the property by virtue of the WILL left behind by your mother, in the year 1977 your name has also been mutated in her place, in other words, the revenue records are presently in your name as well.
Your wife and children cannot interfere with your title nor with the absolute rights you have to alienate, sell or transfer the same in favour of any person.
No,no,theycannot stop u from selling it.
If no body has objected to the Will then you being absolute owner can sell and deal with the property the way you wish to. your wife and children can not stop you.but if Will is objected then file probate and after grant of probate in your favour you can sell the property.
I agree with the experts.
1. Is your mother demised? Do you have any siblings? Have you probated the will?
2. Since the will has been made in your favour you are the owner of the property and can sell the same at your sweet will. However, if your mother has any other heirs then it is advisable to first probate the will. Probate should precede the sale of the property by you so that no subsequent challenge is laid to the sale by any of your siblings (if any). Once the probate has been granted by the court you can sell the property and pocket the sale proceeds absolutely.
3. Neither your wife nor children can impede the sale of property by you. The only scenario in which an embargo can be placed on your right to sell the property is if your wife has filed a case for domestic violence against you. If no such case has been filed against you then you are free to sell the property after probate has been granted by the court.
the property gained by way of will gives absolute ownership at the same time spouse and children may apply to the court for staying in matrimonial house. If that is house willed property.
Hello,
You have inherited the property absolutely if it had been bequeathed by your mother by a will after her passing away.
It would be advisable to get the will probated in a court of law to avoid anyone raising a question about the will an d your ownership.
Your wife and children can not stop you from alienating the property.
A. You are the absolute owner of the property by virtue of Will after the demise of your mother. But will should have probate.
B. Your wife and children cannot interfere to sell the property. Hence, their permission is not necessary.
Hi,
You are absolute owner of the property, which left by your mother in your favour. You have all the rights of ferry and fishery over the property. You can sell the property without any consent from your wife and children.
No.They can not do it legally.
Thanking you,
