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Author Topic: Advice for selling shop  (Read 792 times)

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Offline dipesh

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Advice for selling shop
« on: September 05, 2013, 06:07:42 AM »
My grandfather owned a hardware shop in Kolkata and later my father and uncle used to run that.In 1982,my uncle wanted to divide the shop but my grandfather didnot allowed it and instead my father paid 5 lacs to my uncle as compensation fee and he became the sole owner of the shop.When my grandfather made the will he mentioned that the shop is in my fathers name and also that my father has paid the compensation money to my uncle to become the sole owner of the shop and that my uncle dosent have any claims on that shop.He also mentioned in the will that if my father in future wants to sell the shop then my uncle has to be given the first offer.

I want to know ,

1.what will happen if my father sells that shop without letting my uncle know as my uncle will never be willing to pay the amount to buy that shop?

2.I have heard if the will has a condition then it is not valid.So can that condition in the will can be taken as invalid?

3.If my father gifts that shop to me then will that clause in the will remain?

Note: My father is the sole owner of the shop and he has all documents ,and all the tax information since 1982.

Please advice.
Thank you

Offline advRanjithRajagopal

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Re: Advice for selling shop
« Reply #1 on: September 05, 2013, 07:39:35 PM »
If the shop is in your father's name he can sell it to anyone he chooses to including gifting the shop to you.

the question of the conditioned will does not arise in this case, as it appears that the shop's deed paper is in your father's name.

yes a Conditioned WILL is invalid.

you uncle need not be informed as par law, but as par emotional and grand's parents wishes morally your daddy should inform or make an offer, thats of course his choice
adv.Ranjith Rajagopal

 

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