Father WiLL, brother not willing to share

897 votes

A Will does not give ownership to one beneficiary merely because he is holding the original document. Ownership flows from the terms of the Will, not from physical possession of it. If the Will clearly provides that the house is to devolve on both sons, then both of you become co-owners after your father’s death, each to the extent mentioned in the Will (or equally, if no specific shares are mentioned). Your elder brother cannot lawfully sell the property without: Your consent, and Your signature on the sale deed. Any attempt by him to sell the entire property without your participation would be illegal and void to the extent of your share. A buyer would not get clear title, and such a sale can be challenged and set aside. The fact that the Will is with him and he is refusing to show it is itself a red flag. You have the right to: Issue a legal notice demanding a copy of the Will, File a civil suit for partition and injunction to restrain him from selling the property, Seek a temporary injunction from the court immediately, preventing any sale or creation of third-party rights until your rights are adjudicated. If the Will is required to be probated in your jurisdiction, then no sale can take place at all until probate is granted by the court. Even otherwise, registration authorities and prudent buyers usually insist on all beneficiaries joining in the sale. In short: He cannot sell the property behind your back. Mere possession of the Will does not give him exclusive rights. You should act promptly by sending a legal notice and, if needed, approaching the civil court to protect your share before any third-party transaction is attempted.

Advocate Yuganshu Sharma LawRato

687 votes

the Will clearly states that both sons are beneficiaries of the property, then the elder brother cannot legally sell the entire property without your consent. He can at best transfer only his own share, not your share. Mere custody of the Will does not give him exclusive ownership rights. You are entitled to a copy of the Will and to your share as mentioned therein. If he attempts to sell the property without disclosure, you can seek a certified copy of the Will, issue a legal notice, and file a suit for partition along with an injunction to restrain any illegal sale. Any sale made in violation of your rights can be challenged before the court.

Advocate Madhvi Chopra LawRato

585 votes

If there are Two beneficiaries of the Will, then you can obtain a certified copy of Will from the Registrar/Sub Registrars office. For that you need to apply through a formal application along with the fee. No your brother cannot sell the property without your consent. For applying a certified copy you may connect with us. Thanks

Advocate Avinash Gaur LawRato

612 votes

He may clandestinely sell the property to any person he may know. To avoid all this what we can do is seek a copy from him and then on denial take him to court for will probate and execution thereof. Only thing is you have to be sure about your share.

Advocate Parth Chaturvedi LawRato

832 votes

Under the Indian Succession Act, 1925, as a beneficiary named in your father’s will, you have the right to demand timely distribution of your share of the property. The elder brother, holding the will (likely as executor), must obtain probate (if required in your area) and settle the estate without undue delay, typically within a year. If he continues to postpone without valid reason, send a formal legal notice demanding inventory, accounts, and distribution; escalate to court for removal or administration

Advocate Nidhi Mathur LawRato