D J 10 May 2022
My parents registered a will and both have passed away. According to the will, all property goes to my brother and i am to be paid some money. My brother is not willing to pay this though the money is peanuts compared to the property value.
I am the daughter and live in Kerala. Is there a way that the money payable can be enforced? Also, as the property division is not equal, can I challenge this? what are my legal rights considering the Mary Roy Supreme Court judgement on inheritance?
P. Venu (Advocate) 10 May 2022
You may file a suit for partition ignoring the Will executed and registered by the parents. It is for your brother plead the execution of the Will and settle the legacy that is your due.
Dr J C Vashista (Advocate) 11 May 2022
If you are satisfied with your share in the property as per the will, get the same probated.
otherwise, file a suit for partition, possession and mesne profits.
Show the document of will to a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
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