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TOS suit will

(Querist) 16 December 2008 This query is : Resolved 
Dear Sir,

We have a property with my uncle as a executor in will of 50 % share of the property. But, He is not paying taxes and
not executing the will also.
Please advice us for the further steps.
Srinivas.B.S.S.T (Expert) 17 December 2008
you can approach the civil court for execution of the will. But in first instance what are the contents of the will? and who executed the will?. i request you to furnish fuller details so that we can be of any help to you. Regards Srinivas BSST
Guest (Expert) 17 December 2008
As a beneficiary you can demand execution of will, wrtie a letter and that can used if problem continues.
kaushikphm (Querist) 18 December 2008
Dear Sir,

50% share belongs to my grandfather as per family partition deed and remaining 50% belongs to my grandfather's brother who was a bachlor died after executing the will. He appointed my uncle as executor of will and my uncle is collecting whole property rent and not paying taxes. The probate is pending for trial in HC, Chennai. In bothe the part, I am having 25%+25% = 50% share. I have filed an eviction suit against tenent for not paying my share (rent), which was dismissed by small cause court.
Could you please advice us for the further steps ?
My advocate want me to file appeal also.
G. ARAVINTHAN (Expert) 18 December 2008
You can file a Probate Original Petition under Succession Act for the execution of the will
G. ARAVINTHAN (Expert) 18 December 2008
Regarding eviction of tenant - you may succeed in the appeal Sir
Hiralal Das (Expert) 05 April 2009
Thanks all of you.
Sachin Bhatia (Expert) 12 October 2009
You can approach the civil court for execution of the will by way of Probate.


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