Legal Question in Real Estate Law in India

Please let m eknow of the following question: We are 2 brothers and my father left agriculture property when he died, my brother used to manage the property after my father died and he did not want to give me my half of the property but after lot of interventions from family he agreed to share the property but when we initially divided the property he had a clause written in the will that I will not be able to sell the property to anyone (so made a will that I will not be able to sell the property) and I signed it. This was the first will, but later we made a second will for the same above mentioned property which exculded the clause that I cannot sell the property. The property have been transferred in my name, but now he says that still I cannot sell my property because of first will and he will take me to court, but what I heard that the newest will is considered and not the previous one. Can you shed some light on whether I can sell the property or not. Thanks.


Asked on 3/04/10, 9:08 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the particular clause" that you cannot sell the property", is illegal and void. no one can be restrained from selling the property being the owner as it contravenes the law enshrined in transfer of property act. but the will is in operation only after the death of testator. how will you become the owner as your father is alive and he has executed a will and not transferred the property in your name.

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Answered on 3/04/10, 10:42 pm


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