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jass (artist)     17 October 2012

Hi need advice to sale

 

I Hav property issue so need urgent legal help to understand procedure .

My mother passed 20yrs back and father passed 4years back. He left “Will” in my name for house in orissa . we hav four brother and one sister. I am the youngest one of all of them .

No 1 is eldest brother ( single ,age apprx 54yrs ) , sometimes works but no idea where in orissa ?

 No 2 is sister &age apprx 51 yrs ( married but alone at father place at Rourkela with two children ) , depend on me for food and I am helping her daughter for study every month,boy don’t do anything.

No 3 is brother &age apprx 49yrs ( married & lives in punjab with wife&two girl children) , he runs his house his own handfull of earning .

No 4 is brother & age appx 47 ( married & lives in raipur with wife,two boys children ) , he is into draving profession so handfull of earning source.

No 5 is me youngest one age 40 yrs ( married last yr and 3 months baby boy). I live out of orissa and manage to live  in  difficult life.

So as per circumtances till date I was sending monthly to father but most of time gave cash in hand, renovation house and sister expenses too but after my father death  each every  expenses come on me like sister monthly food,electricity,dauther fees etc . we all need our share now so can plan future for our individual family&children. As “WILL “ is in my name but even I want equal share with everyone so my soul will be also in peace.

Issue is No 1 brother is not aggred to sale house as he thinks for himself only and all naeibours knows that often he foughts with father too , NO 1 always argue ,fights with sister who stays with him in father ‘s house and don’t try to understand any body’s problem . Till date he hasn’t spend a penny on father ,house .

Other all four members are agree to sale and take their share because No 2 sister ‘s dauther wil be  marriage  age in one yr , boy apprx 24 don’t do anything , No 3 brother has two daugther one wil be marriage age after apprx 10 yrs , No 4 brother wants to buy house Where he works . I hav home loan which wants to clear so one part of tension will go away so in short everyone hav their own problems but No 1 brother is not ready to understand anybodies problem so want to know as I hav father Will with me  which was made around 2004 ( need to check year ) . So please guide me legality  of sale  house soon as per law of Orissa .

Can we all four members make agreement to file to sale property or any other way as I hav will power . ‘will’ need to be produce to change property into my name than plan to sale etc etc. please honest reply



Learning

 2 Replies

Advocate Rohit (Advocate)     17 October 2012

when the will is in your name then you are the sole owner of that house. you need to ask the authroity to put your name in their record as the owner. you need to provide death certificate copy of your father, copy of will, your photo identity copy and they shall eneter your name in their record.

 

Once you become the owner you may sell the flat and get the money or you may divide it among your brothers and sisters, if you chose so.

 

but need to check with your local lawyer whether a will needs to be probate or not by the district court.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

jass (artist)     18 October 2012

Thanks a lot Advocate  Rohit Dalmia ji .

i will find out local lawyer to take ahead the matter.


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