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nchf (pa to md)     04 January 2013

Probate

My father executed a Registered Will in 1986 in favour of my elder brother.  The witnesses to the Will are friends of my brother.  Subsequently my father also executed a unregistered Will 1994 in favour of me which is witnessed by my brother-in-law and one of my friends.   Thereafter, there was a family settlement in 1994 and as agreed in the family settlement I paid the compromised amount to my elder brother. The family settlement is singed by my father himself, my elder brother, my brother-in-law and myself.  After receiving the agreed amount, my brother handed over the possession and original papers of the property to me 1995.  Thereafter I am living in the entire property and paying all taxes. My father died in 1996.  Now my brother has filed a probate case in the District Court on the basis of the 1986 Will.  Please advise on the above matter. 



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 5 Replies

Advocate Vishnu (Advocate)     04 January 2013

is the family settlement registered..?

nchf (pa to md)     04 January 2013

No.  But the family settlement was acted upon to the satisfaction of the parties.

Advocate Vishnu (Advocate)     04 January 2013

Do you have the original copy of the family settlement document in you possession...?

nchf (pa to md)     04 January 2013

Yes please.

Advocate Vishnu (Advocate)     04 January 2013

In that case, in your writtten statement - you must mention that there was a family arrangment to which even your brother was a party to the settlement deed and that  you have paid consideration for that property to your brother. With this document you will have to prove before the court, that the signatures of your father, your brohter, bro in law and your self are genuine and that you have been in possession for more than 12 years . you will definitely succeed in your case.


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