Sunil (Manager) 30 January 2015

Wills

Our family property ( includes land and house) was in our mother's name and she wrote a will transferring the land assets to the youngest of three brothers with a clause that all three brothers can stay in the house as per their wish.

What does that mean , legally?

If the youngest brother wants to sell off the land , will he need consent from the other two brothers too?

Can any one help me in understanding this situation?

Thanks in advance,

Sunil

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2 Replies

Jayashree Hariharan (Advocate) 30 January 2015

They have the right only to stay and not to have a say in anything. only the youngest brother has a say in the property. It would be better to take their signatures as consenting witnesses.
Has any time limit been mentioned for their stay?

It seems quite contradictory, but the absolute owner is the younger brother. he can do what he wants with the property.

Laxmi Kant Joshi (Advocate ) 30 January 2015

As per to yours mothers will your younger brother is now the sole owner of her properties , you two brother get enjoyment right to stay there but as per his wish not yours ,I think mistakely you had read it wrong , he can sell those properties without taking any signature and permission from anyone .