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Dispute on property after death of parents
05-May-2023 (In Property Law)
My parents died last year.we are two brothers left as heirs,my brother has made two false wills of same date of my father and s claiming ownership of whole property with one will,not showing d first will attested by a notary wid some mistakes but I ve both the wills wid me.He has filed a suit claiming ownership of whole property.Meanwhile I v succeded in making a succesion certificate and putting both brothers names in nagar nigam record on the property.Now partition s one question and second query s can court remove my name from the nagar nigam or not once it has been there for two months ?Case s pending in the court and can I sale my share without partition to someone in this situation.regards
No you can not sell away any property of your father without the consent of your brother. Also, as you have already prepared the succession certificate, you can now file an application for probate of will. The court during the probate will declare the will as Valid/Invalid, whichever the case may be. After the will being declared as invalid, you can file a suit for partition in the jurisdictional civil court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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