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How to execute the will left by father
20-Jun-2023 (In Property Law)
A dead HINDU father in his will has quoted that the property is to be divided amongst 4 brothers equally. Brothers have got a signed release deed from sisters. Problem: One of the brother is not happy with the way that other three have proposed a plan to divide the land. Now, what are the steps required to take up by him to get his share as he wanted or as it should be? Where should he file the case? What will be the judgement? Will the first son get a preference over others to choose what part of the land he gets? Will there be a problem from any sisters?
You need get a probate from the court for the execution of the will and file a partition suit. The court will divide the property equally according to the Will left by your father.
In case where it is not mentioned in the will that the property of the father will be given to sisters then your sisters cannot claim share in the property.
In case where it is not mentioned in the will that the property of the father will be given to sisters then your sisters cannot claim share in the property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Since the deceased father has executed a will, the property has to be distributed as per the terms of the will. It is important to get a probate in order to execute the will. Once you have the probate, the property will be transferred to the brothers in equal proportion. Now, in case the brothers are unable to reach an agreement on how to divide the property, the brothers can partition the property or the other brothers can buy the out the dissenting brother's share.
For example, if W,X, Y, Z are brothers and inherit a property A in equal proportion, they are joint owners of a property A. Each brother has an equal share, i.e. 1/4th. In case Z is not happy about the way the property is handled, then W, X and Y can pay Z for the 1/4th share in equal proportion.
For example, if W,X, Y, Z are brothers and inherit a property A in equal proportion, they are joint owners of a property A. Each brother has an equal share, i.e. 1/4th. In case Z is not happy about the way the property is handled, then W, X and Y can pay Z for the 1/4th share in equal proportion.
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