A MOTHER LEFT A FLAT IN MUMBAI BY WILL TO 9 SIBLINGS EQUALLY
OUT OF 9, 8 SIBLINGS WISH TO SELL THE FLAT .
ONE SIBLING REFUSES TO SELL IT EXTERNALLY OR INTERNALLY WHAT IS THE LEGAL SOLUTION TO THIS
AS THIS IS A FLAT IN MUMBAI ENTRY AND EXIT IS ONLY ONE TO THE FLAT
THANKS IN ADVANCE
You can ask one unwilling co-sharer to buy share of all willing co-sharers. Has the WILL been duly acted upon without any cloud on IT? What is narrated in WILL in case of such situation e.g; the unwilling Co-sharer is to buy the share of others?
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL). IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras. IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL. The WILL should just be valid. Unregistered WILL can be acted upon. The last valid WILL prevails. Once the WILL is duly acted upon without any cloud on IT the beneficiaries attain rights equal to that of owner and press their rights. Probably the sharers willing to sell are getting high/market price and have offer in hand or have got the property valued properly. ← Previous Next → LEAVE A REPLY Message Assign New Status : Resolved Submit Reset Try to add value with your each post. Use like button to convey your appreciation. Similar Resolved Queries : Alternatives to release deed for buying inherited property Property dispute - please advise Advice-regarding land dispute Sale of inherited house Partition suite / property allocation dispute Advice-regarding land dispute Share in inherited property Probably sharer unwilling to sell is expecting court to fix the price that may be below the high/market price. If amicable settlement can be achieved then litigation might be avoided. Some + - may help. Or approach court and court shall decide the matter.