Partition of property
milind phope
(Querist) 03 April 2012
This query is : Resolved
my mother expired a year back.my sister has produced her will in which my mother has given her property to my sister leaving nothing for me.the will is registerd.sister has taken out this will today and directly given it to our society.
I still hasn't received the copy officialy.society has given me copy ,as society also was in surprise to see the containts.when I saw the containts,even I was surprised.I am 100% sure that,my sister has pressurised my mother applying undue influence.I have other documental proofs that says the different story.It clearly unvails the future plans for me and my sister regarding the equal distribution of her property between me and my sister.
To surface the truth our society has asked my sister to bring probate.Now probate is long process.I want this matter to be settled as early as possible through court only because then only I can prove the undue influence was used while making this will.how should go to court for early hearing of the case.
I am a disable person at age of 58 years with diabatis.I need to have the hearing as early as possible.sister is younger to me and she can very well wait to see the end of my existance.What should I do to gear up the partition-through-court process.My sister is not ready to do compromise.Kindly guide be the way out.
Raj Kumar Makkad
(Expert) 03 April 2012
You go to court and file a suit for partition and possession impleading your sister as defendant. She shall file her written statement with will which can be got to be put original copy on court file and then challenge it in replication and thus the proceeding of the case shall run accordingly.
Deepak Nair
(Expert) 03 April 2012
Well advised by Mr.Rajkumar
milind phope
(Querist) 03 April 2012
To file the suit for partition and possession,what is the court fee applicable in maharashtra and does that fee,based on the value of the property,because with nothing in my hand of the property at present,do I have to pay the hefty court-fee like,one pays for probate.????
M V Gupta
(Expert) 06 April 2012
The querist has stated that he has received copy of the will from the Society. This being so, to my mind it will be necessary for the querist to challenge the will during probate proceedings or file suit challenging the will and demanding partition of the property.
