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Consequences if we go against the Will and sell the property


22-Feb-2023 (In Wills / Trusts Law)

There is a ancestral will which is one sided. The will states that the property has to be sold only to the person mentioned in the will. The rate will be decided by the person mentioned in the will. Is there any consequences if we go against the will and sell the property for high rate offering clients.

Answers (1)

Answer #1
178 votes

If you want to execute the Will then you can cut a deal with the person mentioned in the Will and ask them to buy the property at the current rate prevailing in the market and provide them with the details. But if they do not comply or agree then u can challenge the given clause in the court by stating that is unfair and one sided to the other parties to the will.  Yes, there are consequences if you go against the will. No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.  

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