partition suit
jach000019
(Querist) 01 August 2011
This query is : Resolved
MY FATHER HAS EXPIRED AFTER LEAVING BEHIND HIM THE UNREGD. WILL BEFORE 12 YEARS NOW ONE LEGAL HEIR I.E MY BROTHER IS MAKING SOME DISPUTE OVER THE WILL EVEN AFTER EXECUTING (AFTER THE DEATH OF MY FATHER) NOT ONLY THE CONSENTS FOR ACCEPTANCE OF THE WILL AND N.O.C FOR TRANSFERRING THE ASSETS TO OTHER LEGAL HEIRS AS PER THE WILL BEFORE THE NOTARY WITH NOTARY BOOK NO. SO NOW MY BROTHER HAS ARRIVED ON SOME SETTLEMENT POINT SO
(1) FOR SETTLEMENT THE PARTION SUIT CAN BE FILED IN THE COURT EVEN AFTER WILL IS THERE?
(2) WHO WILL FILE THE PARTION SUIT, CAN MY BROTHER FILE THE PARTITION SUIT?
(3) WILL THE PROBATE WILL BE REQUIRED EVEN AFTER THE PARTITION SUIT.
(4) IF THE DECREE IS ISSUED IN THE PARTITION SUIT THAN DECREE WILL BE ACCEPTABLT TO ALL THE SOCIETIES/TRUST/CO. FOR GIVING THE TRANSFER EFFECT TO THE ASSET OR STILL THEY WILL DEMAND THE PROBATE SINCE WILL IS THERE.
(5) IN THE PARTITION SUIT THE ENTIRE LEGAL HEIR CAN PARTICIPATE OR IT WILL BE FILED SEPARATELY?
(6) IN MUMBAI WHAT IS THE COURT FEE AND HOW MUCH IT IS REFUNDABLE?
Raj Kumar Makkad
(Expert) 01 August 2011
1. Yes.
2. either of you both.
3. No.
4. Sufficient for all purposes.
5. All should be impeladed as parties to the suit to avoid any future complication.
6. enquire from local lawyers whom to u engage.
Atuliya
(Expert) 02 August 2011
Since a Will exist, why don't you go for Probate of this Will?
The Decree of a partition suit should suffice for most purposes
But what do you do about a pigheaded Society Secy and others like him who will be adamant and want only a probate.
