Person holding “WILL” not entitled to sell property:

Can a person holding will in his favour sell property of person giving will

A person verily believes that he has been given property as a legacy under the Will of a person who is still living. Even the author of a will confirms that position.

Can a person during the lifetime of the author of the Will sell the subject property contending that he is ultimately going to get the same as a heir?

Not at all. Firstly, because a Will is a document which has no legal effect during the lifetime of it’s author. During this period, the Will may be revoked, cancelled, changed, and the property willed to another person or the testator i.e. the person making the will may sell it and thereby lose all rights over it. Secondly, the chance of a relation obtaining a legacy on the death of the kinsman is not recognized as specie of property at all transferable in law.

If such an heir-apparent or relation having a chance as stated above sells the property, which is the subject matter of the future succession/legacy, by executing a document and registering the same by taking the price thereof, does it convey any title to the purchaser?

Certainly not.


About the author

Leave a Reply

Your email address will not be published. Required fields are marked *