I sincerely request your advice regarding execution of Will of my father.
My father during his lifetime made 2 properties :
1) Schedule A : Present individual house with 5 houses
2) Schedule B : Six flats in an Apartment.
My father made his WILL just before 20 days of his death on the suggestion of my uncle (Father's own brother, who is educated and knowledgeable regarding property matters whom we deeply respect). My father was suffering from Stage 4 Cancer at the time of this WILL.
In the Will he has equally divided 3 flats each to both of us (me & brother, no sisters) with the right to sell the property being given only to me. My brother has been given the same right after his children attain majority age.
Now our problem starts here :
Schedule A property is properly divided.
We both the brothers are willing to sell (Schedule B) all the flats for good investment with good monthly income for future life as we have 4 children in house (Joint Family), but the condition in will is stopping us to do so.
Though the Will was made and signed in front of us only, we were ignorant of legal complexities as our primary concentration was towards saving father from Stage 4 Cancer. But we strongly feel that selling 6 flats is the need of this hour as we will get Handsome Amount based on which we have systematically planned for a good monthly income.
Now can anybody kindly guide us legal procedures to obtain the selling rights even to my brother as well.
We would like to go ahead with any other legally permissible procedures without affecting the HONOUR & DIGNITY of our father.
We deeply respect our father (Ex Serviceman) and what we are today is JUST BECAUSE OF HIM.