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Can brother be executor for father's property


07-Apr-2023 (In Property Law)
Hi, my father died 12 years ago, me and my other siblings are on land registry, now my brother who was excutor wants to sell the property which i have been living in, could you please reply asap
Answers (3)

Answer #1
910 votes
Hello,
For the query you posted, I would suggest the following:

Depending upon the facts it would divest.
Thus if there is any will or any sort of conveyance deed in his favour then he has a right, otherwise it can be contested.

I hope this answers your query.

Best
M.faris
Answer #2
952 votes
Your brother cannot sell any property which is in joint name and possession. You may get a restraint order against him from the court. In order to ascertain your rights , it is advised that you file a suit for partition.
Answer #3
536 votes
how can your brother execute your share? it is illegal and breach of law and trust.you are also a co-owner of this property, you should file a civil suit as soon as possible, if you want to take your share then you have to file a suit for partition.

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