Will - Free Legal Advice

5 years ago

A person makes a will in the year 1961 allotts one property to his six sons all six separate pieces in 1350 sq ft already built in 1961,he has put in a clause that his sons should not sell ,mortgage,obtain bank loan on that property. Three sons have expired their legal heirs have transferred the khata to their names also one legal heir has obtained a bank loan on that property,the three legal heirs have come together and have kept their shares for sale. My question is it advisable to purchase the property, my doubt stands on the conditions placed in the will that it should not be sold or mortgaged..But one person has also availed bank loan also. Is it advisable to purchase the property.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your matter First u check whether the will is probated by the dist.judge or not.if probated go through the order of district judge.if not probated the will may be challenged in future which may create problem.Better take complete advise from lawyer.

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Prabhakara S K Shetty

Responded 5 years ago

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A.A legatee getting a property gets the title absolutely and such conditions prohibiting sale, mortgage do not legally bar the legatee from doing so.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Not advisable, it will be challenged at any future date.

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Ved prakash Shaw

Responded 5 years ago

A.First u check whether the will is probated by the dist.judge or not.if probated go through the order of district judge.if not probated the will may be challenged in future which may create problem.Better take complete advise from lawyer

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NILANJAN CHATTERJEE

Responded 5 years ago

A.Your matter is not a petty issue, Kindly take a paid consultation.

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