JD (N/A) 14 June 2011

Probate of Will for Prorperty in Mumbai

My mother and older brother co-own flat in Mumbai. My mother wanted her half to be transfered to me and so she made her Will and we got it registered. My brother himself had given the nomination forms declaring 50% to me and himself duly signed to the society where the flat is located. But now that my mother has passed away, my brother wants to take over the whole property. He doesn't believe that the WILL is true and just. I want to ensure that I get my 50%, is probating the Will only way to go? Wouldn't probating give heads up to my brother to prepare case against me? By probating, what kind of guarantee do I have that I will get my 50%? I have been advised to start on probate process but due to the fact that it can take 2-4 years and around 1.5 lakhs I want to make sure I am doing the right thing to get whats mine.

I would really appriciate any advice.

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2 Replies

S.MANIMARAN (Advocate) 17 June 2011

sir for proper reply we need following details

1)whether the of title deed of the property is stands in the name of your mother and old brother, jointly if so

2) you can claim your lion share through the court of law and probating is the right way,

3) if the title deed stands in the old brother name the legal aspect will differ

if a will is executed in three city namely Madras (Now Chennai) Calcutta (now kolkata ) and Bombay (now mumbai) the will is piece of paper untill probate it ,act is like that , therefore for claim through the Will ,only option open to you is filling a probate proceeding before High Court, within three years from the death of the maker of the Will.