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4 brothers are ready to sell the flat but 5th brother disagrees


10-Feb-2023 (In Property Law)
Hi Sir, We are 5 brothers and we are having a flat in mumbai. And we 4 brothers are ready to sell the flat but our elder brother is not ready to sell the flat. This flat is of our mother and father. But they both are death. So please give advice to me what can we do now? Thank you.
Answers (2)

Answer #1
625 votes
You can convince him for selling the flat. or else ask him what are his requirements and try to full fill it and then you can sold the flat. For more information revert back to me. Thanks and Regards.
Answer #2
814 votes
The property has been transferred in the names of you all as being the successors of your parents after their death. In such case each one of your has a undivided share in the property. Your elder brother has a right to keep his share and has a legal right to dispose or retain his share in the property. You shall not be in a legal position to sell the property without the consent of your elder brother as the property has undivided shares.

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