Can I sell property based on my father's will?

Querist : Anonymous (Querist) 26 February 2011 This query is : Resolved
my father had a registered will where he defined the two constructible portions in the name of my brother and me. Open area was not defined by him. We are only two brothers.I want to get the property mutated and freehold so that I can sell my portion. My brother is not interested. To create nuisance for me, he never agrees for getting the property mutated. The problem is that I want to move out of the country and don't have much time.
I want to know whether I have the right to sell the portion willed to me by my father to someone even ' without mutation in my name and without freehold'. Secondly, does my brother have a right to get any stay order or file any criminal complaint and harass me?

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Advocate. Arunagiri (Expert) 26 February 2011
If the will had demarked your share, you can sell it.

Devajyoti Barman (Expert) 26 February 2011
Yes there is no bar to sell your undivided equal share in the property. But the buyer may insist for Probate of Will if the same has not been done in the meantime.

G. ARAVINTHAN (Expert) 27 February 2011
Better get a legal opinion from a Local Lawyer before selling. that will give better idea to the purchasers

Advocate Bhartesh goyal (Expert) 27 February 2011
Yes, you can sell the portion of property which you have got through will without being mutation in your name.

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