Father Willed property to me and my sister. Can brother ask share now?

My brother is not letting me have the share of property Willed to me by our father. A flat in Delhi in my mother's name was inherited 1/4 by my father, myself, my brother and my sister after my mother passed away 5 years ago. Me and my sister transferred our share to our father but the younger brother kept his share with himself.


My father passed away last year and has Willed 2/4 part to me and 1/4 to my sister through a registered Will. Now my younger brother is saying that the property must be divided equally among all of us.


How do I get the share as Willed by our father?




You need to approach the competent court for the grant of probate of the registered Will.


A petition for probate must be filed in court along with the Will in question. It should contain the following details:


(a) the time of the testator's death 
(b) that the writing annexed in his last will and testament 
(c) that it was duly executed 
(d) the amount of assets which are likely to come to the petitioner's hands, and 
(e) 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 


(a) Proof of death of the testator; 

(b) Proof that the Will has been validly executed by the testator

(c) Will is the last will and testament of the deceased

(d) Proof of Death 

(e) Issue of Probate by the Court


On the satisfaction that the Will in question has been validly executed the court will grant probate to the  beneficiary named in the Will. And thus you can claim your share.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Wills / Trusts Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

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 Wills / Trusts 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 contact a Lawyer of your choice to address your query in detail.

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Probate of Will

4.6 | 73 ratings
30 Min Intro call + Start to finish help - Filing for Probate of Will through a local experienced advocate
Document Review - Will

4.4 | 122 ratings
Review + 30 Min phone call - Will review by a local experienced advocate
Will at Home

No Ratings
30 Min Intro Call + Start to finish help - Will drafted at home by a local experienced advocate
15 Minutes Wills / Trusts Advice Session by Phone

4.8 | 351 ratings
Legal advice and answers from a local experienced advocate about your Will / Trust issue
Create a Trust

4.8 | 132 ratings
30 Min Intro Call + Start to finish help - Create a Trust through a local experienced advocate
Draft a Will

4.8 | 276 ratings
30 Min Intro Call + Start to finish help - A customised Will drafted by a local experienced advocate
Similar questions

My brother has got the will registered from my mother in favour of his son who is minor, without my consent. All property including a plot which I had…

Read More

A will with advocate be. Duly attested by advocate or not fingure print instead signature is valid or not…

Read More

Hi just wanted to check if on the basis of registered will can beneficiary sell the property or is it a challengable document by other Legalheirs…

Read More

My husband alienated some of his property through a registered will in favor of his sisters mother and ex girlfriend. can i challenge d will?…

Read More

Talk to a lawyer for your legal issue