Allan 08 August 2017
There are 6 brothers who own a property that has been handed to them by their mother (now passed). One brother is refusing to sign papers to sell the property to a developer (already interested and wants to pay now). Can the majority rule if only 1 of the 6 shares refuses. How can we get him to sign the papers for sale? He has given his POA to his sister-in-law and is too scared to retract it.
P. Venu (Advocate) 08 August 2017
What do you mean by"He has given his POA to his sister-in-law and is too scared to retract it." ?
Adv Akhtar Ali Sheikh (Property Law Consultant) 08 August 2017
1. You can not force him to sign.
2. You five may sell your undivided share to the developer if he is willing.
3. You may demand partition and sell your respective shares to the builder.
4. The POA given to sister can always be cancelled and
5. Majority will not work
Allan 09 August 2017
The brother who is reluctnt to sell has given his Power of Attorny to his sister-in-law. She now controls his decisions regarding the property. He is scared of his wife and s-i-law and now cannot give his consent to sell the property as he has been unwilling to withdraw his POA from his S-i-Law.
P. Venu (Advocate) 09 August 2017
There are certain facts of life, involving life and liberty of a person, which law cannot address.
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