Greetings to all members of Team Kaanoon. I have a question regarding a strange will. The will was prepared by my grandmother and after her death it came into effect binding my father and his elder brother. Now my father and his elder brother are living in the same house separated by a common wall. The will clearly states that if my father tries to sell his portion of the property, he needs to first offer it to his elder brother and he can purchase it at a price that he deems fit.
My father is no more, he died without a will and his side of the property is in the joint names of me and my mother (Joint Khata). The will now stands in force upon us. We are trying to sell our portion of the property, but our relatives in the other portion are preventing us from doing so by using the will, and they are offering a rate less than the market rate. What do we do in such a case as we would definitely want to sell it at a good price?
I have met a few purchasers who are willing to purchase such kind of properties having such kind of legal hassles. What do you suggest in this case?
Asked 11 years ago in Property Law
Thanks for the responses everyone, my grandmother purchased this property and after her death divided among my father and his elder brother. Probate was obtained on her will.
Now we want to sell our share of the property, but the will is preventing us from doing so as we need to offer the property for purchase to our relatives. If we ignore this clause of the will and go ahead with the sale what would happen?
My mother is ready to sell it to relatives even though they are offering a low price. I am not ready to sell. My mother has taken till date 6.5 lacs from them. I am not willing to sell at a low rate, I want to rent out the place (ground and first floor) as commercial space. Will I face any issue in this case and in case I rent it out is my mother's signature necessary on the rental agreements........
Asked 11 years ago