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Procedure after obtain Succession Certificate
23-Dec-2023 (In Wills / Trusts Law)
Dear Sir / Madam,
1) My lawyer had filed Petition for grant of succession certificate in Bombay High Court for "House Property" can you please let me know that how much time usually it takes after Citation and article published in the news paper for those who are now untraceable.
2) After receipt of succession certificate what should I do to claim my right legally in that house?
Now the case is we are 2 brothers, My elder brother left us in 2002 my dad in 2016 & my mother in 1999.
My elder brothers wife is not ready to give us right to enter in that home. She forced my dad to make a WILL in 2005 to give her 100% right of that home & my dad did it. But when I come to know that I told my dad to revoke that WILL and make a new WILL with 50-50 percent right in 2007 and they did it. Now on the basis of that old WILL and with the help of near politicians she is now not allowing us to enter in that home.
(Please note that both wills are registered)
What should I do please help me on this.
This is my response to you:
1. The wordings of the second Will is acceptable provided it contains a clause that the previous Will is revoked and the reason should be stated;
2. If you have the Will then you should have filed for probate of the Will and not succession certificate;
3. Once you get the probate then you obtain 50% ownership rights;
4. Then your brother's wife will also get 50% rights;
5. If you both agree to sell it off to each other then good;
6. Otherwise you can sell it to a prospective buyer, you can share the 50% profits;
7. Consult a local lawyer and take steps.
1. The wordings of the second Will is acceptable provided it contains a clause that the previous Will is revoked and the reason should be stated;
2. If you have the Will then you should have filed for probate of the Will and not succession certificate;
3. Once you get the probate then you obtain 50% ownership rights;
4. Then your brother's wife will also get 50% rights;
5. If you both agree to sell it off to each other then good;
6. Otherwise you can sell it to a prospective buyer, you can share the 50% profits;
7. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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