Partition deed
ashok
(Querist) 31 March 2015
This query is : Resolved
my father left a will which according to my brother is a forged one by me., since we are four legal heirs two daughters and two sons., if we make partition deed distributing the property equally my brother is not signing the partition deed
what has to be done legally to get the partition deed registered ?
Devajyoti Barman
(Expert) 31 March 2015
You can among yourselves partition the property leaving your unwilling brother aside. Do this before your brother on the basis of the said Will seeks injunction on transfer of it.
Dr J C Vashista
(Expert) 01 April 2015
Get the will probated through the Court.
If you donot want to get the will probated, file a suit for partition, if there is no mutual settlement/ partition by meets and bounds.
For further clarifications/advise/ proceedings visit my profile to "Click to Talk".
Rajendra K Goyal
(Expert) 01 April 2015
Proceed as per will after getting the will probated.
ashok
(Querist) 01 April 2015
how to get probate of the will, how much time and money i have to spend to get will probated kindly give the lowest possible amount as i am not in a position to spend heavily
malipeddi jaggarao
(Expert) 01 April 2015
What are the contents of the will? Equal shares to all the four legal heirs? If that is so, you can go for partition. If he does not join, he is the sufferer. What is the contention of your brother? Why he is alleging that the Will is fraudulently obtained by you? Come with full facts. Probate is not mandatory.
ashok
(Querist) 01 April 2015
the contents of the will
my own earned property should go to my wife
and after her should go to my sons, first son will have share of four squres of first floor and second son will have 7 squares of the ground floor
signed by two of his friends as witnesses
who are now no more but their family is hail and healthy
incidentally my brother occupied the ground floor which belongsto me according to the will, both the sisters have given affadavit to transfer the property as per the will
mother expired
ashok
(Querist) 01 April 2015
the contents of the will
my own earned property should go to my wife
and after her should go to my sons, first son will have share of four squres of first floor and second son will have 7 squares of the ground floor
signed by two of his friends as witnesses
who are now no more but their family is hail and healthy
incidentally my brother occupied the ground floor which belongsto me according to the will, both the sisters have given affadavit to transfer the property as per the will
mother expired
malipeddi jaggarao
(Expert) 02 April 2015
Then apply for probate and if your brother contests the proceedings it will be decided whether the Will is genuine or fake by the court.
T. Kalaiselvan, Advocate
(Expert) 04 April 2015
You may have to consult your lawyer for applying for grant of probate and also for other details like, time, money etc for the purpose.
