Deceased sister’s son not giving his sign for sale of property

by Shivendra Pratap Singh | Apr 29, 2023 | Property Cases

Question: Deceased sister’s son not giving his sign for sale of property. Property is in possession of three brothers they want to sell sister died few Months back son of deceased sister not cooperate.

If the property is owned jointly by three brothers and their deceased sister, then all the legal heirs of the sister, including her son, have a share in the property. If the brothers want to sell the property, they will have to obtain the consent of all the legal heirs, including the son of the deceased sister.

If the son of the deceased sister is not cooperating, the brothers can try to resolve the issue through mutual discussions and negotiations. They can explain the need for selling the property and try to address any concerns or objections raised by the son of the deceased sister. It may also be helpful to involve a mediator or arbitrator to facilitate the discussions and help in reaching a resolution.

If the son of the deceased sister still refuses to give consent for the sale, the brothers can approach the court and seek a partition of the property. In a partition suit, the court will divide the property among the co-owners, including the son of the deceased sister, in accordance with their respective shares.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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