• Inheritance

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?
Asked 2 years ago in Property Law from United States
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 .
Ajay Sethi
Advocate, Mumbai
27245 Answers
1480 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
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.
Kiran N. Murthy
Advocate, Bangalore
822 Answers
58 Consultations
5.0 on 5.0
No,no,theycannot stop u from selling it.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
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.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
I agree with the experts.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
69 Consultations
4.9 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
19584 Answers
507 Consultations
5.0 on 5.0
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.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
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.
S J Mathew
Advocate, Mumbai
1987 Answers
79 Consultations
5.0 on 5.0
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.
B.T. Ravi
Advocate, Bangalore
751 Answers
35 Consultations
5.0 on 5.0
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.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
No.They can not do it legally.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
17375 Answers
165 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
27245 Answers
1480 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19584 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6884 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
969 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2025 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1296 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
822 Answers
58 Consultations
5.0 on 5.0