Legal Question in Wills and Trusts in India
Hello Expert
A Self Acquired Property in Ahmedabad:-
(1) First owner: My grandfather : � Share(50 % stake)
(2) Second owner: My father: � Share (50% stake )
Total =100% share
My grandfather left an unregistered WILL in favour of my grandmother. Currently my grandmother is the first owner (my grandfather�s 1/2 Share of the property). Now my grandmother and my father are selling this Property.
My grand presents have 3 children: - My father and his two sisters. Now One sister has sign the NOC but the second sister is refusing to sign NOC...
My question is: -
My widow grandmother has sole owner and right to sell this Property Then purchaser is demanding NOC/ consent?
Pl. clear my doubt that my widow grandmother has right to sell this Property... and she is clearly absolute owner of the half property so, Is any NOC/ consent require?
1 Answer from Attorneys
Sir
Since this is a Self Acquired Property, none of your fathers sister, or any other person had any cause, right, title or interest in the said property.
Your Grandmother and Father can very well sell the entire property, without taking any kind of NoC or Consent from any person. There is no legal hurdle in selling the property.
Yes, but what can happen here is, the sisters of your father may challenge the WILL in the Court, that will is forged, or was signed under undue influence, which they (sisters) have to prove. Chances are less they win, however, that the only possibility they (sister) have, to make any claim on the property.
SO answer is, your widow grandmother (she is 50%) owner and your father (50%) owner can sell the entire property, without taking consent / NOC from any person, whatsoever.
Feel free to contact me should you have any questions. I am based in Ahmedabad. Can contact me in person, should you require personal consultation.
Vivek N Mapara
www.vnmlaws.com
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