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Father Willed property to me and my brother consent of children needed


18-Apr-2023 (In Property Law)

My father has executed a will on transfer of house property(self-earned) in the name of 2 sons after his death. Now he has expired and there is a dispute in sharing of the house property between the sons. One of the son is proposing to sell the property and share the sold value on 50-50 basis. The elder son(me) is having 2 sons and younger son is having one daughter. Now the question is, for selling of house property, does the written consent of grandchildren are/is required? It is to inform that all 3 grandchildren are above 18 years of age.

Answers (3)

Answer #1
660 votes
the property to which the two sons have succeeded is the self acquired property of their father, if the two sons along with their children give their written consent the property may be sold and the proceeds be divided in equal proportions. Since the children are all above 18 years, their written consent would be essential to the sale.
Advocate Kiran N Murthy

Adv. Kiran N Murthy

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Answer #2
621 votes
As far as the property you get through WILL be considered as your self acquired property and you can dispose of the property the way you want and for the said disposition you need not get your children consent. Same principle will apply in your brother case too. If the purchaser insist, hope nothing will impediment for you both to get your children witness to the instrument/deed as consenting witnesses.
Advocate Dileep N

Adv. Dileep N

LawRatoBangalore | 25+ Answers
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Answer #3
991 votes
If the Will expressly names ONLY you and your brother as beneficiaries of the property, then the consent of the grandchildren for the sale is not required. You and your brother can either sell the property and share the consideration amount 50:50, or if you want to retain the house for yourself and take full ownership, you can consider buying your brother's share of the property so that you can become full owner.

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