quesHow to sell property in the Will and thereafter divide sale proceeds?

My uncle died last year, he was unmarried. He had some property. Regarding that he made a Will and appointed a executor as well. All the beneficiaries(including me as one) made an affidavit and gave it to the executor to sell the property and thereafter divide the sale proceed as per the Will. I want to know if we can do this without involving the court. How can i do it?

  • ansYou don't need a court for this but all the beneficiaries will have to be present at the time of the sale before the registrar as by merely giving an affidavit to the executor is not sufficient to deliver title and share as well. 

     

    you can file a petition for selling the property through court adding executor as a party.

  • ansIf the executor is not taking efforts in selling the property then publish an add for selling the property ,if you get a good bidder talk among yourselves for the sale price and sell the same to the purchaser ,inform the executor by registerd post letter.all the beneficiaries must agree for the sale price if that is not possible you can file a petition for selling the property through court adding executor as a party.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansYou don't need a court for this but all the beneficiaries will have to be present at the time of the sale before the registrar as by merely giving an affidavit to the executor is not sufficient to deliver title and share as well.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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