Right in property

Querist : Anonymous (Querist) 23 October 2011 This query is : Resolved
FAMILY HAVING 2 BROTHERS & 4 SISTERS.AS PER FATHERS UNREGISTERED WILL( 16 YEARS OLD ) THE HOUSE WILL BE IN THE NAME OF HIS YOUNGER SON & TILL HIS WIFE IS ALIVE SHE WILL LIVE IN THAT HOUSE BUT CAN'T TRANSFER OR SOLD THAT HOUSE.NO SHARE IN THAT HOUSE TO EITHER OLDER SON & HIS DAUGHTERS. BUT NOW THE YOUNGER SON IS OUT OF COUNTRY FROM 25 YEARS. AS THE MOTHER IS OLD AGED ONLY OLDER SON IS TAKING CARE OF HER AND DAUGHTERS & YOUNGER SON ARE NOT IN PICTURE. CAN OLDER SON OR HIS MOTHER CAN SELL THE PROPERTY OR CONSENT OF ALL THE MEMBERS ARE REQUIRED FOR THAT( 2 SONS,4 SISTERS & MOTHER )IS THEIR ANY OTHER WAY OUT

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adv. rajeev ( rajoo ) (Expert) 23 October 2011
Older son and mother has no right to sell the property. Mother has got limited interest. As per will younger son is the owner of that house.

ajay sethi (Expert) 23 October 2011
was probate obtained of the will?

since contents of will have never been challenged the elder son /mother cannot sell the property .

Devajyoti Barman (Expert) 23 October 2011
Legally the elder son or the mother not having any title in the property, they can not transfer the same.

However of the house is the ancestral property of the father then they can transfer their respective 1/3rd share.

Advocate M.Bhadra (Expert) 23 October 2011
Till the granting of WILL by the Court in a Probate case,the all legal heirs can transfer one-third each respective share even undivided nature of property.

Raj Kumar Makkad (Expert) 23 October 2011
Minashu! How "all legal heirs can transfer one-third each respective share" as you suggested because legal heirs of deceased are 6 in number.

It seems your younger brother is not interested in the mentioned property so leaving his share, all other legal heirs may sell the property jointly as if tey have no knowledge of alleged will.

prabhakar singh (Expert) 24 October 2011
Without ignoring the will nothing can be done.
In case of ignoring the will ,barring the youngest who is out ,the others 5 can sale as advised.

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