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sale of property using will

(Querist) 15 September 2015 This query is : Resolved 
Hi sir, in my father's will there mentioned about three different landed properties.property A is equally for mother and brother.property B is for brother alone and property C for sister tats me.property C is sold.there is no seperate deed for property B and A.now brother is planning to sell property B.will it be possible for him to sell it without mothers consent.all this details are written in one will.and property A is not partioned yet. Thank u
Kumar Doab (Expert) 15 September 2015
You have posted that : "property B is for brother alone "................"now brother is planning to sell property B.will it be possible for him to sell it".



If the WILL does not prevent from sale then he should be able to sell it.
maria (Querist) 15 September 2015
Will does not prevent from sale.my query is does he need mother's signature during any stages of sale.its a combined will.not a deed.
maria (Querist) 15 September 2015
Sir one more query is can mother take any legal action if bother hesitate to partition property A
Advocate Bhartesh goyal (Expert) 15 September 2015
Mother's signatures not required for sale of property B.As per will mother can't take any legal action if brother files suit for partition of property A.
maria (Querist) 15 September 2015
OK can mother file a suit for partition of property A
Rajendra K Goyal (Expert) 15 September 2015
Yes she can file.
maria (Querist) 15 September 2015
How long it will take to complete thr process?what if brother doesn't appear in court during the procedure.
maria (Querist) 15 September 2015
How long it will take to complete thr process?what if brother doesn't appear in court during the procedure.
maria (Querist) 15 September 2015
How long it will take to complete the process?what if brother doesn't appear in court during the procedure.
maria (Querist) 15 September 2015
How long it will take to complete the process?what if brother doesn't appear in court during the procedure.
maria (Querist) 15 September 2015
Sorry for the repeated posts.some error
maria (Querist) 15 September 2015
Its a 2acres property along with a house in it which is built by father and mother 30 years back.if partition done each will get 1 acre.but who will get the house?mother senior citizen and widow ,was not working .he only earning is from this property.
ADV-JEEVAN PATIL, MUMBAI (Expert) 15 September 2015
If self acquoref property is qilled differently each one has eight to sell. Undivided share can be partitioned by partiton suit or family settlement|deed


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