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

In Wills / Trusts Law

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?

Answers (1)

226 votes

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.

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