settlement

jach000019 (Querist) 29 June 2011 This query is : Resolved
my father expired after leaving a non regd. will attested by two witnesses who are our relative and non beneficiary of the will.

(1) we 3 all the legal heirs mutually accepted the will and executed the consent before the notary.

but after that my one of brother created the dispute about the will so as a executor i could not have applied for the probate since it is sure that he will object for the probate.

now my brother wants some amount for the settlement and i am ready for that but now the question is what documents should be prepared so that i can smoothly apply for the probate because since he is denying about his notraized given consents of the will so it is very much possible that after taking the settlement amount from me he may again create the obstacle for probate of the will because any how i have to get the probate the will for making the legal ownership of all our movable/non-movable assets and secondly it is the cheapest way.

(2) secondly the problem is that my brother is ready to collect the settlement amt. only after the release of probate from the court but he wants the assurety of the settlement amt now the problem is, that we don't have any loyal mediator to whom i can keep the money and that mediator will release the amt. to my brother only after the issue if the probate from the court t so i would like to know that can the bank (by opening something type of escrow a/c) or deposit of money with the court or any solicitor can help us in this matter so that i will keep the money with the solicitor with 100% security of my money that i will not loose my money in anyway if i fail to get the probate.

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Guest (Expert) 29 June 2011
file a application before the legal aid committee in your area court. They give proper authentication/remedy in this aspect

R.Ramachandran (Expert) 30 June 2011
If there is a will (even if it is a non-registered it does not matter) and if there are witnesses to the same and if they are alive, why don't you file a case for probate of the WILL. In the court your brother has to object. The court will decide whether his objections are valid or not. That will settle the matter. If the court rules that his objections are invalid, then you need not pay any settlement amount at all to him. Yes, the process may take some time, but it will bring finality to the issue. Any other method, I do not think will bring finality.

Shashikant V. Patil (Expert) 01 July 2011
I too agreed to Mr. R. Ramchandran views.

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