Legal Question in Wills and Trusts in India


i am arun sachdev my father purchased a plot in delhi in his name n my father n uncle(fathers brother) staying there since around 40 years n my father had made a registered will in my(sons name)n passed away few days back n now i want to sell the plot but my uncle is saying if u sell the plot u have to give us 50%share or will not be able to sell the plot,so i want to know do he have any right in this property as he was staying there for around 40 years .

Asked on 11/15/13, 2:29 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

if your father acquired the plot in his name out of his own resources, then your uncle has no right in the said property even if he had been staying there for 40 years or even more. In law, he is merely a licencee of your deceased father, which licence you can terminate now (on the basis of WILL) claiming to be his successor in interest and thus the owner of the property. Not only that you may terminate the licence, ask him to vacate the property, and ask him to pay the damages in case he fails to vacate the premises. for the purpose of selling it, you do not need his permission. You may sell it, but will be safe to put a recital in the sale that you are selling it subject to his licence or terminated licence, if by that time you have done so.

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Answered on 11/15/13, 7:30 am

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