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Uncle made a Will in my favor. Can sell that property without trouble?
27-Aug-2023 (In Property Law)
My father's brother made a Will with respect to ancestral property in my favor. My father's brother has 2 daughters. If i plan to sell the property can those daughter's create any issue for me? Do they have right in that property?
If the Property is Ancestral in Nature, Your Uncle does not have right to execute a "WILL", his daughters also having right in that property. They may create issue and without verifying the document I cannot say anything more
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Adv. R Jayakumar
Coimbatore | 25+ Answers
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Ancestral property you father's brother can not make WILL. Only for self acquired property WILL can be made. All the legal heirs of your father's brother equally entitled for share (in case of Hindu)
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What do you mean by ancestral property?
Do your father's brother have a valid and marketable title to the property?
Is your father's brother alive now?
Well if it was ancestral property,your father's brother has only limited share in the property so he cannot bequeath entire property to anyone of his choice, he can restrict his bequest only to his share.
Or if he is having a valid and marketable title then he can bequeath entire property on your name, it is valid and cannot be contested by any one including his daughter at any stage.
The will will come into force only after your father's brother's death.
Do your father's brother have a valid and marketable title to the property?
Is your father's brother alive now?
Well if it was ancestral property,your father's brother has only limited share in the property so he cannot bequeath entire property to anyone of his choice, he can restrict his bequest only to his share.
Or if he is having a valid and marketable title then he can bequeath entire property on your name, it is valid and cannot be contested by any one including his daughter at any stage.
The will will come into force only after your father's brother's death.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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