Jaipur | 17 Aug, 2021 (2 months, 1 week ago)

Property Law

Conditions in the Will on restriction on sell or gift of the Property

Father proposes to Will his self-acquired real estate property (house) to his youngest Son (x% share) and the eldest daughter daughter (y% share) with this clause: "The Son shall endeavour not to sell his share of the Property to anyone. Son's share in Property is for the Son's family's exclusive use. However the Son can lease/rent his share of the Property. However, the Will allows Daughter to sell her share of property to anyone with Son having first option to purchase her share. Queries are: (a) can Son sell or mortgage or transfer the Property rights by General Power of Attorney to a third party / bank ? (b) can Property be attached/sold by court/creditors if Son goes bankrupt or defaults in this payment obligations?, (c) do response to previous queries (a) &(b) apply to Son's successors also?. Father is still alive hence the Will shall be effective in future. Property located in Jaipur, Rajasthan. Father is still alive and hence Will shall be operational in future.
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