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Can younger brother sell house if it is in joint name


16-Mar-2023 (In Property Law)

my father left a will behind which is unregistered. my father gave half property each in my name and my younger brothers name. he wants sell his share of house. the house is under POA and installments are yet to be paid. can he sell it before all the formalities are complete?

Answers (3)

Answer #1
687 votes
Sir,

He cannot sell the same. You take the precautions if you feel he is selling the same ... like give a public notice .....
Answer #2
786 votes
If the will is not registered than you have to first obtain probate in respect of the said will and if there is clear demarcation of shares of each of the brother in the joint property than only the younger one can sell his share but if the demarcation is yet to be done than he can't sell his share.
Answer #3
519 votes
No he cannot sell the property without completing the formalities. The will executed by your deceased father may be unregistered, but the formalities as far as the property is concerned has to be completed.

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