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Author Topic: Sale of share or interest in property - unprobated will  (Read 1395 times)

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Offline gitaaggrawal

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Sale of share or interest in property - unprobated will
« on: October 03, 2014, 11:44:54 AM »

I reside with my family (spouse and children) in a residential flat that was owned by my late father. He passed away in 2010 with 4 legal heirs - all siblings - me being one of them.

He left a will bequeathing the flat to me and one sister. The 2 siblings who have not been given the flat have challenged the probate which is still pending in the High Court

My sister who is the co-legatee as per the will is the executor of the will. We have never been on good terms and she is now delaying the progress of the probate (filed in 2011) and also harasses me and my family. Her intentions are unclear.

As per the will, in case either of us wants to sell our share in the flat we have to first offer our share to each other and if they do not buy then one’s share can be sold to a outside party. I have offered to sell my share to her many times and also offered to buy her share. She has not shown any interest in either proposal.

Can I sell my share of the undivided property (or my rights / interest) to a third party, while the will is unprobated  - I will sell either a 25% share which is my minimum undisputed share as one of the 4 legal heirs, or I could sell as per the will, i.e. 50%. Since I am staying in the flat with my family, I will sell my share with possession to the buyer.

Kindly advise on the possibility and problems of going ahead. Your kind advice will be most appreciated.

Kind regards,
Gita Aggrawal.

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