Legal Question in Wills and Trusts in India

I have a friend who has got 2 sons.The friend has got a two storied building.As he is old he wants to make a registered will(deed)giving a floor(flat)each to his two sons.He wants to make it clear in the will(deed)that the sons will be legal owner of the respective floor(flat) only after his demise AND THE SONS WILL NOT HAVE ANY SELLING POWER TO SELL THEIR RESPECTIVE FLAT EVEN AFTERWARDS,as the Family Deity is established in the building.
My friend came to me for a suggestion and I have the following doubts
A)Although it will be written in the deed that the sons will not have selling power,WHETHER IT IS LEGALLY FEASIBLE,because the father will be no more and the sons are legal heirs.
B)Although it will be written in the deed that the sons will not have selling power,interested buyers will bargain over this point to buy the. flat at a less price
C)As the both the sons will be aware of the contents of the will WHETHER THE OTHER SON CAN LEGALLY PREVENT his willing brother to sell the flat
D)Lastly for extreme financial constraints one son may be forced to sell his flat(situated at a posh locality)and in that case whether the other son can prevent his brother

Asked on 7/08/13, 3:39 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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08.07.2013

Dear Sir / Madam,

Your friend can Will the property building in the name of his two sons, and if he writes a condition in his Will, that both the sons do not have the power to sell the flats on each respective floor that is allotted to them, the sons will have to abide by their father's wish, even after his demise.

A) Yes, it is legally feasible because the sons have the option to lease out the flat(s) on each floor;

B) Refer (A) above;

C) Your friend's Will will be binding on both the sons;

D) Citing the contents of their father's Will, the younger son can prevent his brother from selling his flat.

Regards,

Answered on 7/08/13, 4:21 am

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