quesforced 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 ?

  • ansA 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.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Property Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly