父母去世無遺囑, 6兄弟姊妹平均分遺產, 我有遺產管理書, 現三人反對賣樓(因住係裹面), 另三人(包括我)要求賣樓分錢, 遺產管理書理論上要6人同意才可以賣樓, 香港法律好似唔可以強拍, 想問點樣才可以賣樓呢?
- GaryLv 75 年前最愛解答
Sorry for your loss.
Your assumption is totally wrong.
1. As the executor of the estate, your responsibility is to the estate, not the beneficiaries. As soon as the property has not yet transferred to the beneficiaries, you have the exclusive authority vested by the Court to dispose the estate, including selling the property and divide the proceeds.
In short - you have the full right to sell the property. No further consent is needed.
2. The Court can order a sale (or similar remedies) to dispose a property when asked. However, this is not the case as you have the sole authority.
Conclusion - in your case, to sell the estate property, you simply need to act on it as the executor. While the beneficiaries are your siblings, to avoid further conflicts, it is best for you to offer those siblings against the sale the first right to purchase the interests from those siblings for the sale. If they refuse, you can act accordingly.
Of course the siblings against the sale can sue to block the sale and challenge your decision as the executor. However, given they fail to take consideration for those siblings for the sale, the Court is unlikely to grant them any reliefs.