Ram Kumar
Asked March 06, 2017

Property: legal issues

  • 1 Answer
  • 263 Views

My grandfather writes house to my grand mother. Only my grand mother survive but not able to sell or write. After my grand mother, all properties goes to his two sons. Now, my grand mother's both sons were died. My question is my grand mother can sell or write this property.

Answer 1

According to S. 10 of the Transfer of Property Act, 1882, where property is transferred subject to a condition or limitation absolutely restraining the transferee from parting with or disposing of his interest in the property, the condition or limitation is void. This implies that since the condition imposed by your grandfather absolutely restrains your grandmother i.e., the transferee in this case, from disposing the property, this condition is void. Therefore, your grandmother can sell or write the property.

 

Agree Comment 0 Agrees over 3 years ago

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