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How to settle if there is an objection in will within family
15-Apr-2023 (In Family Law)
My grandfather had created a will before he died mentioning which part of the house is whom. He divided it among his son leaving his daughter. Now his elder son is disputing and not letting his younger son sell or divide his part. A Younger brother of the two their sister and their mother are getting mental torcher. Is there any way to get the case fast track or this sorted.
Sir, as you have depicted that a will was formed. Was it registered? If yes than what's the problem. Everything would be sorted out by the court. Just prove its legality and authenticity in regard. If not, then is there any other will of the same person after that? Only 3 places in the country madras, bombay and kolkata where it is mandatory to get the will registered, otherwise all the things are in favour of you. Just have patience and trust on judiciary.
In case you want a speedy trial put an application for the same u/s 151 CPC for the speedy and fast trial of the same putting some logical and necessity reason behind the same.
As you have said the elder son is harassing, file a case against the unjust being done from his side for harassment and torture.
Best of luck.
In case you want a speedy trial put an application for the same u/s 151 CPC for the speedy and fast trial of the same putting some logical and necessity reason behind the same.
As you have said the elder son is harassing, file a case against the unjust being done from his side for harassment and torture.
Best of luck.
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Adv. Salil Tripathi
Delhi | 100+ Answers
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Yes there's a solution,we can file a case for partition on behalf of will which is given by your grandfather.so if you are really interested,file case case on your urgency basis and contact immediately before summer vacation starts.
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Adv. Sunder Kumar Verma
Delhi | 25+ Answers
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yes there is a way, you can file a case in the court i.e. "suit for partition" and the court will call all the parties in the court and decide the case accordingly. either the court will allow to sell the property or will ask the person to pay the amount as per the price of the share of the property of other person. the elder son can not take away the right of other legal heirs.
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
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If property shares is equal to everyone then filed a suit before Court /there are another way to get relief but not possible to discuss everything here feel free to contact me for further discussion.
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Adv. Chandra Shekhar Mishra
Delhi | 25+ Answers
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If the property was already divided as per the will and there was testamentary succession then the elder son has no rights to deny the share of his brother as it is already divided .In this case a criminal complaint can be filed against him,Besides that a legal notice can be served immediately besides that a civil suit can be filed seeking appropriate remedy.Please contact for further details thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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