forced to vacant house- false will
I am the eldest son of my expired father, My mother & young brother still alive. Father was expired in the year 2006 at that time he was 74 years. Prior to death of father he had prolong illness. My younger brother instigated father to will the entire residential property in his name. The will was made in the year 2003. The will not yet been registered nor any executor have been nominated. From last month my brother ordered me to vacate the rooms. I and my mother, wife residing a portion of building since 15 years. At the time of construction of building, I had made monetary & physical contribution. Please advice me what legal procedure to be follow the get my share of residential building ?
A will is treated as valid only when probate is taken from the Court & in your case no probate of the said will has been taken by your brother, Contest the probate application when it is filed by your brother citing appropriate reasons.
and in the meantime you should file a partition suit for the said property of your father.
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