Querist :
Anonymous
(Querist) 15 March 2010
This query is : Resolved
Thx to Raj & Kumar for the reply. My concern actually is to sell my 50% & get rid of same. My nominated brother is offering almost peanuts & not 50% of the market price. I believe it is mandatory to probate a will in Mumbai, is there a time limit, as 2 yrs have passed.
Kumar Thadhani
(Expert) 15 March 2010
But while Probating Will there should be sufficient reason to cause or prevented you from filing or there was delay in probating of Will.
Raj Kumar Makkad
(Expert) 15 March 2010
The limitation for filing such civil suit is 3 years from date of cause of action so you have nothing to described about delay as your petition, if filed within this period shall be within limitation.
Relationship of brother should be maintained from both sides. Try to convince him. You should also not insist exact market rate but somethin less than this should also be acceptable to you.
Querist :
Anonymous
(Querist) 16 March 2010
Let me refresh: MY RIGHTS 1.Does a will have any time limit to get a probate.If the answer is a No, then what is my right in the CHS, as he has not been accepted by the society. 2.Is there a time limit to challenge the will. 3.Is he a Trespasser, could he be evicted or ejected from the premises? 4.Can I do partition & rent same, with commom usage of shower, etc. 5.The stubborn is offering almost 70% + all kinds of stiff conditions. Thanx again Mr. Thadani & Mr. Makkad
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