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Query related to the sale of a self acquired property
05-Oct-2023 (In Property Law)
My father expired one year ago leaving behind a registered will. He has nominated me and my son as the joint owner of the property.I have one sister living in USA and my father has written clearly in the will.that she has no right on this property. This property was self acquired by him He has written in the will that when my son acquires the age of 21 only then I can sell the property. I have two queries I need fund to educate my child can I sell this property. If so how can this be done. Can my sister claim any right on this property. Kindly advice .
No your sister does not have a claim over this property as she has been excluded from the will. You cannot ordinarily sell the property, However you can create charge over it or rent it for your child’s education. If you are able to establish in court that there is no other means to support your son an that the proceeds of the sale shall be used only for the benefit of your son, you may be allowed to sell.
Helpful?
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Hi,
first I would like to tell you that your sister cannot claim anything in the property if your father has clearly written the will in your son and your name.
Secondly if it's written that you cannot sell the property till a certain time limit, then you can't.
You may further let out on rent to get some money.
I need to see will to be double sure and give you further advice.
For more information feel free to have a word with me
All the best
first I would like to tell you that your sister cannot claim anything in the property if your father has clearly written the will in your son and your name.
Secondly if it's written that you cannot sell the property till a certain time limit, then you can't.
You may further let out on rent to get some money.
I need to see will to be double sure and give you further advice.
For more information feel free to have a word with me
All the best
Helpful?
Adv. Sahej Uban
Delhi | 500+ Answers
Chat
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