k.g.agarwal
(Querist) 08 November 2014
This query is : Resolved
We are three brothers and three sisters.
My father made a registered will in year 2004
My mother died in year 2005. My father died in year 2009.
There are 2 big buildings which my father got from my grand parents.
In the will my brothes have given jointly one building and in another building the front portion have been given to my 2 brothers and the back portion to me.
There is only less than 20% by value the share in my name.
But still we all 3 brothers and sisters have in notarized stamp paper given the statement of acceptance of the will.
AS I live out of station and age of 58 years with no pension in the private employment so want to sale my portion.
The problem is -my both brothers reside in first building and collecting rents from tenants in their portion . -there is common entrance from my portion in the second building -no one reside in this building -3 tenants in my portion have kept lock from years and would vacate on receipt of money
Taking advantage of no one residing in the building my brothers have locked the entrance And kept there trading goods even in my portion with key to them. And saying will not allow me to sale my portion.
Thus my effective share is 0 except my name in the will.
The person whom I can sale will rebuild the building and I can ask him to make a way for them to reach in their portion.
The question is -how I can sale my portion -even I want to rebuild with out sale how I can do that -can I revoke the notarized statement given on stamp paper to claim equal Distribution to make them fall in line
Guest
(Expert) 08 November 2014
You have a Good Case Approach a Local,Good,Competent,Senior Advocate and Serve a Notice and Proceed Legally For Partition and a Police Complaint Could Be given for Restrictions To your Entry.Right and High Time to seek the Advocate Help.
BAALASUBRAMANNYAMM
(Expert) 08 November 2014
you are not having only one problem,you have several legal problems. Better to contact an advocate with copy of Will.
Devajyoti Barman
(Expert) 08 November 2014
Where are you from? In many states including WB, the Will has no force until probate is obtained. So check with your local lawyer.
Rajendra K Goyal
(Expert) 09 November 2014
Your case need through study in reference to local law. Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
As advised by experts, it will be better to take the help of a local prudent lawyer to tackle your case properly.
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