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How to divide property among legal heirs according to the will
11-May-2023 (In Property Law)
We are 3sisters and one brother. My father passed away in August 2013. He bought a flat from his income. As per Will, we 4children has a equal share. My brother showed interest in giving us our share. However, now he avoids us and unwilling to discuss further. We issued him two legal notices seeking a legal action which includes to vacate the property, rent for staying and recover legal expenses. Can you advise if there is any time frame to proceed with legal action? What steps we need to follow to get this resolved? He has refused to resolve this matter amicably and on mutual understanding.
You need to get a probate of the will through court.
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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