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How can brothers sell the property without interference of sisters


15-Apr-2023 (In Family Law)

Sir we have 2 brother and 3 elder married sisters one sister live in our house from last 10years after dispute with his husbend she come with her 3childerens in our home and now she stay with us now her childeren and grown up and well settled now she didnt leave our house and demanded her share in property our house convience deed is name of late mother she died in 2007 and in year 2000 she will make registered will deed in name we 2 brothers now you can tell me how can we sale our house without any problems from our 3sisters

Answers (4)

Answer #1
641 votes
If property is in the name of your mother and she had bequeathed will in the name of you and your brother you may sell the property by filing probate petition and after getting decree property shall be mutated in your and your brother's name.
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

LawRato Delhi | 25+ Answers
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Answer #2
638 votes
If registered will deed in the name of two brothers you can sell out the property, no one can take share from this property except you two brothers. But you have to sue that the registers will deed must be in the name of both of you brothers. Better u seek detail consultation by disclosing complete details, so that exactly can be suggested to do.. Feel free to revert back in case you need any clarification. Regards
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Advocate Farzana Akhtar

Adv. Farzana Akhtar

LawRatoDelhi | 5+ Answers
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Answer #3
854 votes
Since the disputed property is a self-acquired property of the mother, the property will be passed on as per her Will. Since the sister is occupying a portion of the property which is your and your brothers name, you can file a suit of possession on the basis of the registered Will dis-entitling her from the property.
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Advocate Mishika Singh

Adv. Mishika Singh

LawRatoDelhi | 5+ Answers
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Answer #4
518 votes
Women gets equal rights in the property of father and mother like sons after 2003. But this right is limited to the extent if the father and mother has died without any will. In your case the "deed" you are referring to i am presuming it is a will. As the property has already been transfered by way of will in 2000 and was not changed since then. Your sisters have no right in the property legally. For further assistance feel free to cintact me
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Advocate Deepak Thackur

Adv. Deepak Thackur

LawRatoDelhi | 25+ Answers
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