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Author Topic: Can A will be made that binds the beneficiaries' to sell the house after owner?  (Read 601 times)

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Offline copyravi

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My father made a property. The property currently has 1.5 floors and one kitchen and therefore it is not easy to divide it for a possible partial sale in the event of our Father's death.

To avoid a possible future dispute the family ie father and two sons wish a will to be written in which the house will have to be compulsorily sold after his death for a peaceful parting of ways.

Will this will be legally valid and if one of the brothers doesnt want to sell, can it be contested in a court?

Offline advjaya

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First of all only your father can decide on the contents of the will.

Secondly a valid will cannot be conditional.

Madras High Court Advocate

Offline adv.amarnath

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When your father has intention/ wish to sell out his property then there is no question of executing WILL or neither it will be valid in either way. It will be sons' duties to sell it out after the demise of father.
Regards,

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

Offline copyravi

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First of all only your father can decide on the contents of the will.

Secondly a valid will cannot be conditional.

Hi advjaya

The content of the will is also his desire. He wants this to happen. This will is in fact his desire.

But are you saying that this condition that the two brothers will have to sell the property after him is invalid? Or something the court will not recognize?

Please clarify. We talked to 3-4 lawyers. Some say this is possible and others say it is not.

If we are being misguided we will be spending money on a worthless piece of paper that has no validity in court.

Sincere Regards
Ravi

Offline copyravi

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When your father has intention/ wish to sell out his property then there is no question of executing WILL or neither it will be valid in either way. It will be sons' duties to sell it out after the demise of father.

Hi amarnath

He doesn't wish to sell the property but wants to live with his sons for his lifetime so that he can get help from both the sons and we dont mind. But he also recognizes that after him there can be a dispute between the two brothers as is happening in 3 of our neighboring families.

We met 2 lawyers and both of them said contradictory things. One said you can write the last will any way and the other said you can just mention equal distribution of property but not impose a condition to sell.

We just want to make sure that whatever will is registered is executable.

Sincere regards
Ravi


Offline copyravi

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First of all only your father can decide on the contents of the will.

Secondly a valid will cannot be conditional.

https://www.livingtrustnetwork.com/estate-planning-center/last-will-and-testament/what-the-experts-say/conditional-gifts-in-will.html

This article throws some light but as laymen we find it hard to interpret.
Based on what we understood, can there be a condition that our father wills the house to one of the siblings provided that he pays the other sibling half his share of the market price within a period of 6 months.

Failing this the other person can get the property sold through court in case a dispute arises?

Your view can help us

Ravi

 

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