How to claim share in fathers property.
05-Nov-2023 (In Property Law)
My 1st mother Son occupied our home without our knowledge since last month. Where he have been given half of it by my father before he died. but now he wants it all and top of that my 1st mother two sister(married) also want it now. My father given remaining land in the name of us and my mother. PLz Help Asap......
Your question is a little ambiguous . first of all the first mother is not understood . It is also impossible to appreciate if how your father has disposed of the property. Assuming that your father executed a will it is advised A petition for probate must be filed in court along with the will in question. It should contain the following facts.
the time of the testator's death
that the writing annexed in his last will and testament
that it was duly executed
the amount of assets which are likely to come to the petitioner's hands, and
the petitioner is the executor named in the will
The application for probate shall be signed and verified by the executor or beneficiary.
The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.
After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate.
A general public notice is also given in a newspaper.
The petitioner is thereafter asked to establish the
Proof of death of the testator;
Proof that the will has been validly executed by the testator
Will is the last will and testament of the deceased.
the time of the testator's death
that the writing annexed in his last will and testament
that it was duly executed
the amount of assets which are likely to come to the petitioner's hands, and
the petitioner is the executor named in the will
The application for probate shall be signed and verified by the executor or beneficiary.
The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.
After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate.
A general public notice is also given in a newspaper.
The petitioner is thereafter asked to establish the
Proof of death of the testator;
Proof that the will has been validly executed by the testator
Will is the last will and testament of the deceased.
It's a matter of allocation as per succession Act as well as implementation of compliance of terms of any deed of Settlement or any other Deed. For proper understanding, kindly give details of all such transfer and genealogy of ur father.
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