Can property under Will be sold while mother is still alive

836 votes

Yes, you can sell flat when your mother is alive and take 100 percent share from its sale, if your mother gifts you by way of gift deed and you will become 100 percent owner of the flat and then you can sell. If you want to make a gift deed, you can contact me.

Advocate Rashmi Nilesh Parmar LawRato

614 votes

Hi client, your share belongs to you. However a will is executed only after the death of the person and not when the person is alive, in your case its your mother. Irrespective of the contents of the will made by your mother, until she is alive you must discuss details with your mother since you both jointly own the flat.

Advocate Nancy Tavaria Siodia LawRato

991 votes

As per your Querry ,
1. Firstly , If you got share through Will , Then it is executed after the death of a mother . Will is executed after the death of who is making of such will .

2. Absolutely If your share in will then you are the owner of your share in the property subject to description in the said will .

3. For the best legal opinion & advice you just contact me through lawrato by way of phone consultation with paid up nominal fees charges as per lawrato policy .

LawRato LawRato

592 votes

No you cannot sell the property if you and your mother are joint owners of the property. You can ask your mother to transfer her ownership i.e. surrender her ownership vide a Surrender Deed, in your favour. Once it is transferred to your name, you can then only sell it.

Also a will is only brought into action when the testator dies and the executor of the will distributes the property.

Advocate Gowaal Padavi LawRato