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Srinivas (Self Employed)     07 October 2012

Sale of property

Dear Members,

  My friend's father recently passed away with will in name of his 2 sons (one is my friend), he strongly feels by selling the property mother can be looked after properly due to medical reasons, also he is not as well to as his brother.

   Brother is firm the house should not be sold, mother supports my friend fearing cash crunch during medical treatment and wants to live in a bigger house with the money they get from sale of property.

   If brother is adamant, then what options my friend has (he has 50 percent share), brother is again not so rich to hand him over 50 percent of property ...

   In this case if the property has to be sold for betterment, so what he can do assuming his brother is again adamant ??


Thanks i Advance



Learning

 1 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     08 October 2012

Please file a suit for partition of the property in the court along with that for a probate.

The court will pass appropriate orders and is likely to ask market value to be found out and the brother may be given a chance to pay his other brother and mother to prevent sale to third party. But the Court may take time depending on when you case is heard and decided.

S Jadhav


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