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Sale of Property from inheritence
07-Jun-2025 (In Wills / Trusts Law)
I have inherited a Property from my uncle, But the Will says that i am not allowed to sell the property. I have obtained the LOA. Is it Valid that i cannot sell or is there any section that voids the statement of sell of property.
Well, in order to give you the proper answer, I need to scrutinize the Will, however, relying upon what you are stating, you are not allowed to sell the Property, considering the restriction in itself is in the Will, which is a primary Document based upon which, you have obtained LOA!
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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As per Indian Succession Laws, a Will is a legal document expressing the testator's intentions, and any restriction imposed in the Will—such as a condition not to sell the inherited property—is generally binding unless it is unreasonable, contrary to public policy, or legally void. The Grant of Letters of Administration (LOA) gives you authority to manage the estate but does not override the restrictions mentioned in the Will. You cannot sell the property unless you obtain a probate court’s permission to disregard or challenge the said clause, which can happen only in limited circumstances, such as proving that the restriction is void under Section 10 of the Indian Contract Act (e.g., being uncertain or impossible to enforce). Legal consultation with the Will copy is advised.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Who are the legal heirs of Uncle ? It depends on them , You have Administration rights not the disposal right . You have to get the consent from the legal Heirs then you can sell the property . What are the complete will guiding that has to be checked before any conclusion .
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Adv. Deepak Tiwari
Mumbai | 50+ Answers
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