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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?

  • ans

    You 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

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