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chiki (owner)     16 June 2012

Need urgent help from lawyer

hello my father expired couple of yrs back according to will property (shop) goes to me but brother running business from shop and does not want to leave the shop or buy the shop from me for money....he has troubled and harrased me...need legal help how to proceed? 



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 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 June 2012

1. Get a probate of the will, probate is teh authenticated copy of the will which puts the will into action after the will is proved, make sure witnessesto the will would depose in favour of will.

2. After probate get property mutated in your favour - then seek rrecoveyr of poessession from brother by way of a suit. 

 

Feel free to talk !

Dr J C Vashista (Advocate)     16 June 2012

Is the shop self-acquired by  your deceased father?

if yes get the will probated in your favour and brother evicted.


(Guest)

After all he is your own brother let him run his business.

There are many sisters who don't take single penny from her parents property.

Rajeev Kumar Gupta (Lawyer with 24 years Experience..)     17 June 2012

file a suit for declaration to the effect that you are the owner of the shop in question on the basis of the will and also for possession of the same..


(Guest)

Your brother is running shop/his business in said shop so he is wiiling to not vacant said shop.
 Because this is your family matters than first you have to solve your problem with mediation/concialiation.

But if you failed in above method than you have no option except file suit in court.


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