quesWant to sell property mentioned in WILL that is expired

My grandfather wrote a WILL (unregistered) stating that out of two of his properties, one is to be enjoyed by his elder son who is my father and another one by his younger son after his death and his wife's death. He has also mentioned in the WILL that he wants his daughter's marriage to be carried out in a well manner with all necessity so she has a good life ahead. My grandfather wrote the WILL in 1993 which expired in the same year.

The person who witnessed this is alive. My aunt got married in 1984. Can I sell the property on basis of WILL or do I need my father's sister's signature to sell the property? The patta is still on my grandfather's name. All other tax documents are on my dad's name. Please advise.

  • ansThe WILL is still valid. You can sell the property without any signature of the sister or your father. Before selling the property, you need to get a mutation in your name on the basis of the WILL executed by your grand father at your Tahsildar office.

    You can file an application in the office of the tehsildar for the transfer of the patta. Also, attach a NOC from your father's sister in the same application. It will take about one month to get the patta transferred in your father's name. Then you can sell the said property.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Wills / Trusts Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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