QUESTION regarding selling my father's property in delhi..?

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QUESTION regarding selling my father's property in delhi..?
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my father died one year ago leaving behind 3 sons and 2 daughters..I am the eldest daughter and my mother is also deceased... he made a will (which is not registered in court). in his will he asked that his property should be divided into 5 equal parts.. now he made me the sole executrix of the will and instructed me to sell all his property and divide the whole money in 5 parts.the property consists of two houses each occupied by a brother, one of which is not ready to vacate. now my question is that can i sell the property without the consent of my brothers.. please advice..

vijay m Indian Lawyer

No, first you have to get this 'Will' probated & get a letter of execution issued by the court. As you have been named Executrix in the said 'Will' you have to move the court & provide details of all the beneficiaries named in the 'Will' & all other legal heirs of the deceased father to appear in the court to challenge the 'Will' if they so desire.
If the said 'Will' is held as valid by the court after considering all objections, the court will issue you the letter of administration for the said 'Will', till that time you cannot sell or dispose off any of the identified property in the 'Will'.
In case there exist any dispute with regard to distribution of the property between the five beneficiaries as one of these refuse to evict & hand over the property in his possession, then let the court decide this issue too.
Usually as you rightly thought of selling off all the property & distributing the whole money amongst the five, will be the only criteria the court will adopt & in that case, this brother can only delay this process but cannot go against the court order for selling the properties & distributing the money amongst the five.

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