Dispute between 2 Brothers for Property
There is a Bunglow(Kothi) in Gujarat which is a property of a person X. Mr. X has 2 sons and 4 daughters all married. Mr. X and his wife are deceased. Mr. X has left a WILL in favour of both his sons wherein it is clearly mentioned that both sons have equal right on the said self acquired property. The daughters of Mr. X have given their No Objection and are not interested in any share.
Now out of the 2 sons of Mr. X one is not interested in selling the property and the other son wants to sell off his part of share in property. A whole MAP of the property has been prepared by the Architect and accordingly 2 parts of the whole bunglow can be made.
Now the question is that the property of Mr. X is a self acquired one i.e. made by his own money and not of his ancestors, can any one of his son sell his part of share in the property to the third party and take the money and give possession of his part ? Is consent of his brother necessary ? Is it necessary to file a Partition suit in court, even when there is a Will ? What are the legal documents other than Sale deed, one should make so that legally the sale of property is not challenged by the other brother ?
Another fact is on the said property there are 2 tenants which are residing in the said property since years and case is going on against one of the tenant's jointly by both the brothers. So as case is pending before court against a Tenant, in that circumstance even after telling the truth to the buyer of the property and if the buyer gets ready, can the sale of property be carried on ? Is that legally valid ? In case its valid than any document/clause additional to be added other than Sale Deed ?
Kindly suggest the course of Action.