7. In his will, a father left an income property to his three sons. Edward was left a 51% share, Thomas was left a 29% share, and Joseph was left a 20% share. Which of the following statements is true?
Answer: D
Any owner can sell his share without the consent of the others.
In this situation, each son holds a distinct percentage of ownership in the property. Therefore, any owner, including Edward, Thomas, or Joseph, has the right to sell their share independently without needing the agreement of the other owners.
A) Because all three heirs acquired ownership at the same time and by the same title instrument, this is a joint tenancy.
This option is incorrect because the ownership structure described does not constitute a joint tenancy. In a joint tenancy, all owners must have equal shares and rights of survivorship, neither of which applies in this case since the sons have unequal shares.
B) If Edward dies, his brothers will inherit his share proportionately.
This statement is not true because, upon Edward's death, his share would not automatically pass to his brothers in proportion to their current holdings. Instead, Edward's share would typically go to his heirs or as specified in his will, not necessarily divided among Thomas and Joseph.
C) Because Edward owns a majority interest, he can sell the whole property without the consent of his brothers.
This option is incorrect as Edward cannot sell the entire property without consent. While he holds a majority interest, he only possesses a 51% share, which does not give him the authority to sell the entire property unilaterally, as the other owners still have rights to their respective shares.
D) Any owner can sell his share without the consent of the others.
This statement is true because each heir holds a separate and distinct interest in the property. As such, any owner can indeed sell their share independently without requiring permission from the other owners.
Conclusion
The correct answer, D, accurately reflects the rights of ownership in this scenario, where each son can sell their share without needing the consent of the others. The other options fail due to misconceptions about joint tenancy, inheritance rights, and the extent of authority conferred by ownership percentages.