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How to bypass clause in father's will with respect to his property?


14-Sep-2023 (In Civil Law)
Mt father had willed before his decease a part of the undivided property he had earned during his lifetime to me. However, he has included a clause that no construction may be made and also that I cannot sell to a third party but only to my brother. What can I do to settle this issue and earn some money from this property. Brother is insisting that I demolish my portion of the property before he will sign partition.
Answers (2)

Answer #1
577 votes
two things you can do one is to probate the will or suppressing the will you can go for partition with your brother or without partition you can sell the whole property along with your brother. without going through the constructive portion of the will and the nature of the will we cannot give any conclusion.
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Advocate Satish Kumar

Adv. Satish Kumar

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Answer #2
574 votes
It is better sell your share to your brother, and get your due share, there is no bar that your brother cannot do any construction work in your place, get your share and do relinquish your rights over the property favouring your brother.
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Advocate RS Raghavan

Adv. RS Raghavan

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