Execution of will

Pilli Samuel Rajkumar (Querist) 16 June 2014 This query is : Resolved
My father had written a will bequeathing his property consisting of six portions to his 5 sons and 1 son-in-law and mentioned my eldest brother as the executor of the will. The will has been duly registered. I had requested my elder brother to execute the will so that i can take possession of my portion and sell it later to clear my loans. However my elder brother has not taken any action inspite of several requests. What is the legal remedy?

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ajay sethi (Expert) 16 June 2014
since your elder brother is refusing to act as executor any of the beneficiaries in the will can move court in this regard for letters of administration

Raj Kumar Makkad (Expert) 16 June 2014
If you are in need of money then serve a notice to your elder brother through a lawyer and advise him to do needful within a short span of time failing which file a petition before local civil court.

Rajendra K Goyal (Expert) 17 June 2014
Send legal notice to brother if no amicable solution possible. later file civil suit.

R.K Nanda (Expert) 17 June 2014
agree with experts.

Dr J C Vashista (Expert) 18 June 2014
You have not mentioned whether the testator i.e., your father is still alive or expired?
If expired and the executor is not executing approach civil court through local lawyer. If still alive, no case is there. Accordingly the opinion will differ in both the situations.

T. Kalaiselvan, Advocate (Expert) 20 June 2014
I agree with the views of experts, you can send a legal notice to your brother seeking the relief and if he is still not obliging/complying, you may seek the help of court as advised.

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