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k p (programmer analyst)     29 June 2012

Unable to sell my share

my father executed his final will in which he exclusively gave me a share in his property. after his death i tried to sell it but found that my brother has got the entire property registered under his name (including my share) . i am thinking this was done on the basis of an earlier will which was cancelled by my father later (i even have the cancellation slips for the same). now my brother will try to sell the entire property and i wont be able to do any thing. i was hoping for some legal advice. what hapeens if:

 

  1. I try to sell my share in dispute?
  2. Can i get a stay order from court stating that i have a legitimate will under my name and i dont want my share of property to be sold without my consent?

thanks,

 

best regards



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 June 2012

You have to file a suit for declaration whereby the court would declare you to be the owner to the extent of share given to you by the will. The Court in all probability would also stay the property so that your interest is not injured by any third party transfer. 

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