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Mother passed away what to sell her property brother not allowing


04-Jul-2023 (In Property Law)
Mother had property in her own name. Now she recently passed away. We are 2 brothers, 1 sister and father alive. Now father and me and my sister are willing to sell the property but the elder brother is asking for share and not allowing to sell it. What action can we take? How can we sell it?
Answers (2)

Answer #1
746 votes
As your mother had not left any will, hence you all are equal share holders in the property.
It is better for you to enter into a written family settlement and consult a lawyer for further action.
You can also go for partition of the property.
Answer #2
818 votes
The property of your mother has to be devolved amongst all of you as the legal heirs come in picture right away. The partition of your shares goes in accordance to Hindu Succession Act,1956. Therefore the appropriate way to go ahead with the proceedings for the sale of the above said property firstly you need to divide it amongst all the legal heir's therefore a family settlement can be worked out ,thereafter you can proceed with the sale of the same pertaining to your shares in the property.

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