Probate of Will
Amit
(Querist) 09 February 2011
This query is : Resolved
We are 2 brothers, father and mother deceased. Mother made a will and bequeath the flat solely to me as I am in need and I lived with my father and mother in the said flat and took good care of them in old age. Brother is alcoholic without job, lived outside, and did not take care of parents. I am now applying for probate of the Will.
Through some friends/relatives I have come to know that my brother wants a share in the flat and will certainly contest the will. He is also planning to come and stay forcibly in the flat saying that it is his mother's property. What steps can I take to prevent him from staying in the said flat? The will is genuine and registered and even if contested, I have no problem but I do not want him to stay in the flat and create scene.
Amit Minocha
(Expert) 09 February 2011
He has no right. Take a stay order against him and apply for grant of probate in your name on the basis of said will
Amit
(Querist) 10 February 2011
Thanks a lot for your reply. Should I apply stay order first and then probate or both together? Will stay order application create any problem/bias in the probate case?
