Will probate
Kotesh
(Querist) 21 March 2014
This query is : Resolved
i am from chennai,
my mother wrote a will on 2000 and registered. she died on 2002, me and my mother has been living in this house for about 50 years. she is the sole owner of the property. she had given me general power and i have been looking after her and her property paying her medical bills, debts, taxes, funeral expenses, etc., all my life.my father too is dead.
she has 8 childrens including me (Me + My brother + 6 sisters), they all left her after their marriages except me and they are all wealthy.
after her death my sisters are refusing the WILL and they are also refusing to give a share to one of my elder sister.they have been threatening me and my family, they even took all the original documents from me. But i do have a copy of all documents. i tried to know what they are upto. so i applied for encumberence Cert, it shows that some of my sisters signed a power of attorney to the financier and took a loan from him.
My brother doesn't care about any of this cause, he is well off in hyderabd.
he doesnt want to share the probate expences.
The WILL states that, the property has been divided into three shares, One for me, One for my brother and the remaining One for all my 6 sisters and she appointed me as an executor of WILL.
But i am illiterate, doing odd jobs all my life to support my family. i have been trying to probate for 12 years still i cant afford such an expence.
now i am trying to probate the WILL, i know for sure they will Contest against the WILL.
What should i do?
how long it would take and what will be the judgement or outcome?
Please give me some suggestions
With regards,
Koteshwar
ajay sethi
(Expert) 21 March 2014
if your sisters dont contest you can get probate easily on filing testamentary petition within one year . if they contest testamentary petition gets converted into testamentary suit . it will take some years to be disposed of . you will need evidence of one of attesting witness to prove the will . he has to depose that your mother signed will in his presence
Kotesh
(Querist) 21 March 2014
how about the GPA given by my sisters to that financier.
is that a valid one?
ajay sethi
(Expert) 21 March 2014
she is one of legal heirs to property . she can give power of attorney to financier for her share in the property
Devajyoti Barman
(Expert) 21 March 2014
Without Probate, Will has no force. You can pray for injunction if your sisters try to transfer more than their allotted shares.
Rajendra K Goyal
(Expert) 22 March 2014
This is a family matter, if your brother does want to share expenses you can negotiate with him for compensating you at a later stage.
Better move for getting the will probated and proceed accordingly.
Kotesh
(Querist) 24 March 2014
what if we all agree, and wanted to sub-divide the property according to the WILL.
Do we have to probate? or can we just apply for registration and sub division?
In this case do we need courts involvement in any of these?
T. Kalaiselvan, Advocate
(Expert) 24 March 2014
If there is a compromise and family settlement of partition among all of you, the probate of Will may be ignored and the entire property can be divided among you all as per the agreement arrived at as per the recital of the Will. The court's permission is not required for this. Registration and sub-division can also be done on this basis.
Kotesh
(Querist) 26 March 2014
thanks for all who spent their valuable time to void my ignorance.
it was really helpfull.
I hope all my sisters would agree with this decision..
thanks a lot
Kotesh
(Querist) 02 April 2014
i want to write a settlement dead in the name of my childrens for my part specified in the will schedules.
can i do this?
how would i proceed?
Devajyoti Barman
(Expert) 02 April 2014
Yes , you can do this for which you need hep of a lawyer.
ajay sethi
(Expert) 02 April 2014
yes you can do so . contact a local lawyer
