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David   30 May 2021

Can one challenge property will?

We are 2 siblings who has access to our parents property (Flat or an apartment). The will states that it is an Equal share. My Sibling who is a US citizen and a OCI card holder(Same as me) would like to sell the property. In case if one does not want to sell his/her share of the inherited property, how will the sale proceed?



 11 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 May 2021

probate the WILL. 

Probate

The concept of probate appears in the process of execution of Will. This is nothing but getting certified by the Court of Law as to the genuineness of a Will declaring the executor and the document itself as approved by law.

Sankaranarayanan (Advocate)     31 May 2021

if one is not interested to sale his share then buy the share from who is interested on sale .

G.L.N. Prasad (Retired employee.)     31 May 2021

The market value of that Flat can arrive through society and relatives' and the brother who is willing to keep the share may remit the share proceeds to the other brother who is not interested to retain the share.  Either a settlement deed or gift deed or relinquishment deed as advised by a local advocate serves the purpose.  This is a simple transaction if there is understanding.  If there is no consensus the flat can be disposed of through a broker and proceeds can be shared equally..

Advocate Bhartesh goyal (advocate)     31 May 2021

You have to file suit for partition in civil court alongwith petition for temporary injunction and get restrained your sibling not to transfer the undivided property till the decision of suit .

G.L.N. Prasad (Retired employee.)     31 May 2021

There is no question of challenging a will involved in the issue.  The issue is understanding between brothers in sharing the property in equal shares as per will.  Please understand that a partition suit in India takes a minimum of 12 years and the relations in between two brothers may sour.  Trust a friend or relative for better settlement.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 May 2021

The property is bequeathed to two people and one of them is not interested to sell. It is a matter to be settled between them in view of the fact that the property in question is an apartment, which cannot be sold in part, unlike an independent house.

 

Therefore, resolve the issue between you two amicably as both of you are not staying in India (OCI Card holders), and going to Court is not only time-consuming but it will not be possible for both of you to attend the proceedings from a different country.

Dr J C Vashista (Lawyer)     01 June 2021

Get your share partitioned amicably or through Court process and sell it.

But you can not sell entire property without concurrence of your sibling.

P. Venu (Advocate)     01 June 2021

What about your parents? Are they still alive?

T. Kalaiselvan, Advocate (Advocate)     02 June 2021

If the property is indivisible and one of the beneficiaries is  not interested in selling the property then the non-interested party may convince the other party to transfer his share in the property to him by executing a registered release deed relinquishing his rights in the property for a consideration amount. 

If that is not possible then the agitating party can approach court with a suit for partition and a temporary injunction to restrain the other party from alienating the property or encumbering the same in any manner. 

Vasundhara Singh (Student)     02 June 2021

 Hello, Greetings of the day!  

The will here clearly states that both the brothers are eligible for equal shares of the property and one person cannot sell the property without the consent of the other. In the case of disagreement where the person wants to sell the property and the other is not willing to do so, one of the remedies can be that person unwilling to sell the property buys the share of the property from the other party who wants to sell the party.  

Another option can be that brother unwilling to sell the property, can file a suit of the partition before a civil court can apply for an injunction order on the sale of the property. If the disagreement still exists among the parties, then either of the party can apply for a gift deed or a relinquishment deed in the favour of the opposition party.  

Best Regards,   

Vasundhara Singh  

Law Student  

pankaj verma   03 June 2021

yes why not..it's ur right

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