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Can grandfather make a will not to sell property after his death


24-Jun-2023 (In Property Law)
Sir Mere grandfather apni will me ye clause dalvana chahte hai ki unle baad ye property koi sale na kr sake...kya ye possible hai
Answers (2)

Answer #1
849 votes
In terms of the The Indian Succession Act, a person may decide how he wants his properties to be appropriated/devolved subsequent to his death by way of a Will. There cannot however, be a covenant in the Will restraining absolute sale/transfer of properties and any such covenant is not enforceable. Consultation Advised.
Answer #2
658 votes
Yes , if your grandfather was the owner of the property and if you are claiming to be the owner of the property solely on the basis of the will then you will have to abide by the terms of the will and any person who is staying in the property may object if you try to sell it and such sale can be declared null and void . However, you can gift the property . The property can also be sold after you will it in some other persons name but such a will can only be effective after your death

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