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Author Topic: Is it possible to sell property with will testamentary document.  (Read 143 times)

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Offline Jasu

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A Muslim father had done a will testamentary document, registered(uyil in tamil) for his 6 sons. After the demise of the father and mother, one of the son wish to sell his immovable property.
 
1) Does the buyer can buy the immovable property from the son based on the will testamentary document?
2) Does will testamentary document is valid by mohammedan (muslim) law for selling the property?
3) Whether all 6 sons should make a new settlement deed based on will document for selling their own property ?

It would be helpful to know your suggestions or reply for the above questions..

Thanks in advance

Offline advarjun

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Re: Is it possible to sell property with will testamentary document.
« Reply #1 on: August 31, 2016, 08:20:42 PM »
No whether a Muslim or Hindu whoever, has to first transfer the property as par the  will testamentary document, in  the names as mentioned in the WILL, if that is done only and only than the person in whoes name it has been transferred will have the sole right to sell the property.

that means first execute the WILL, the validity of the WILL has to be first extablished.
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Offline adv.amarnath

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Re: Is it possible to sell property with will testamentary document.
« Reply #2 on: September 02, 2016, 09:15:33 AM »
WILL is worthless until it is been probate from court. if the WILL is not yet probate then by default all siblings and mother will be owner jointly as per their respective ratio specified under Muslim Law. On this basis I am replying as follows:

1) Does the buyer can buy the immovable property from the son based on the will testamentary document?
Ans: NO, all heirs needed to include in the Sale.

2) Does will testamentary document is valid by mohammedan (muslim) law for selling the property?
Ans: No

3) Whether all 6 sons should make a new settlement deed based on will document for selling their own property ?
Ans: No
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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