Will

This query is : Resolved 
 

(Querist)
18 February 2020

As per the farthers WILL I have equal share in the property,but brother does not want to honour the registered WILL,advice what is the? next Legal step to be taken ,to get the WILL implied


Hemant Agarwal (Expert)
18 February 2020

1. File for "Probate Proceedings" of the Father's WILL. Do this thru a local property lawyer.

2. A Registered Will is final & conclusive, UNLESS it is proved otherwise.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Raj Kumar Makkad (Expert)
18 February 2020

File a civil suit for partition and possession of the property on the basis of the registered will of your father. Let your brother come in the court and establish his case. You should raise further query once your brother files his written statement to your petition.

Engae a civil side dealing lawyer.

Advocate Suneel Moudgil (Expert)
18 February 2020

agree with the expert makkad ji

Raj Kumar Makkad (Expert)
18 February 2020

Thanks expert Suneel

kavksatyanarayana (Expert)
18 February 2020

If your father is no more, file suit for partition of the property.

KISHAN DUTT RETD JUDGE (Expert)
19 February 2020

Dear Sir,
You may approach Civil Court and you will get your share.

R.K Nanda (Expert)
19 February 2020

File partition suit in court to get ur share in property by court order.

Sourav Das (Expert)
19 February 2020

You have two options-
1) probate the will. Let your brother come to court to defend his case during probate proceedings, or
2) file suit for partition

P. Venu (Expert)
19 February 2020

The Will, registered or otherwise, becomes operational only after the lifetime of the testator. Your query is silent on this elementary aspect.

ramdevsharma (Querist)
19 February 2020

Dear Venu please for God's sake first read the query,then only ,ask questions,even an idiot knows when a WILL comes into force

Raj Kumar Makkad (Expert)
19 February 2020

Crux of the query is 'how to get the registered will implemented' means his father has died but the procedure is unknown to the author as his brother is not respecting the contents of the will.

Sudhir Kumar (Expert)
21 February 2020

Nothing new.
every WILL is meant to be challenged.

ramdevsharma (Querist)
21 February 2020

Wonderful answer Sudhir Kumar. clap,clap.you had no better answer to the Query.

Raj Kumar Makkad (Expert)
21 February 2020

Best answer offered by Sudhir.

Dr J C Vashista (Expert)
22 February 2020

I endorse the opinion and advise of experts Mr. Raj Kumar Makkad and Mr. Sudhir Kumar.
Instead of going for filing petition for probation of will let your brother may institute the suit.for partition. However, be ready prove the will with witnesses to prove signature of testator in terms of Section 68 and 69 of Indian Evidence Act.

ramdevsharma (Querist)
22 February 2020

Attention Dr.Vashista,l need not nor my brother has to prove the WILL reason, way back we both have excepted & in writtng acknowledged the WILL which is also seperately docuumented & registered,the question is how to get it implimented,as the brother is not agreeing too.

Sudhir Kumar (Expert)
22 February 2020

You have now intimated that your brother has a accepted in writing and that that is separately documented.

Not understood why you could not intimate this facts earlier.

It is the perusal of the WILL and the said document which can lead someone to a logical conclusion as to how strong your brother has a case.

Sudhir Kumar (Expert)
22 February 2020

even registered WILL can also be altered by a subsequent WILL even if it is not registered.

registration of a WILL just bars the challenge on authenticity (i.e. your brother cannot deny it s having been signed by father).
admissibility of other grounds can be considered only on perusal of both documents as stated above.

ramdevsharma (Querist)
22 February 2020

Sudhir please lay off can not understand you anwers.Advice you please go and attend a English language class then join a law college to understand latin & roman lingo.for heaven's sake keep your expert advice to your fartinity.

P. Venu (Expert)
22 February 2020

This forum is meant for the common citizen unaware of the finer aspects of law and its procedure, that too, for their real-time issues. Suggestions are always given in that perspective.

There are many instance, where the ordinary person is unaware that a Will takes effect after the lifetime of the testator and that a subsequent Will, registered or otherwise prevails over the earlier Will, even if registered.

In the present context, the queriest himself has all the answers. It is only that he is magnanimous in sharing his knowledge and wisdom with other members. Thanks.

ramdevsharma (Querist)
22 February 2020

P.venu I have asked a query, not a character certificate from you.it seems you have a sucidel tendence

ABDUL RAZIQUE (Expert)
23 February 2020

How to implement the registered WILL , In my opinion the querist may follow these process.

First Review the Last Will and Testament. ... Second- File the Will With Local Probate Court. ... Third- Secure Assets and Manage Finances and Debts. ... , Fourth -Distribute Remaining Property, Gifts, and Assets According to the Will. ... Fifth -File Final Income Taxes for the Deceased. ... And at last Close the Estate.

ramdevsharma (Querist)
23 February 2020

Mr.Abdul thanks for the suggestion,all said and done we both have agreed & signed
registered acknowledgement , inspite he does want to honour the equal share as mentioned in the WILL.what exact is the legal remedy/relief ?

ABDUL RAZIQUE (Expert)
23 February 2020

what kind of legal remedy / relief you want, i already discuss all the step in my earlier post.

ramdevsharma (Querist)
23 February 2020

I want physical possesion of 50% my share of property by metes & bounds which is physically not practical

ABDUL RAZIQUE (Expert)
23 February 2020

you may file title suit in civil court.

T. Kalaiselvan, Advocate (Expert)
23 February 2020

The recital of the Will is very clear that you both are entitled to an equal share in the property that has been disposed by your deceased father by this testamentary disposition in favor of both of you.
Since your brother is not cooperating or reluctant to allot the proeprty equally to you, the next option before you is to issue a legal notice to him demanding an amicable partition with proper divisions or on a mutually agreed terms.
If he is not responding or not complying with the demands made you may file a partition suit based on the Will seeking partition by dividing the proeprty with metes and bounds and good and bad soil equally and to allot one such share to you with separate possession.
You can discuss with your advocate and proceed on the advises received in furtherance



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