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mk (xxx)     26 June 2021

Ensure to get my share

My mother had left a registered will in which 50% share is to me and one of my brother's.
The other two brothers also want share from it .I'm one daughter and have 3 bros
They had withdrawn FD and locker jewels but supposed to divide as per registered will
They have not done it since 1.5 years
They called me on pretext of negotiation and say we are going to find buyer for flat
Sir even if I agree for some negotiation

How do I ensure that I get the money as they called me on pretext of negotiation but actually want my documents for legal heir


 2 Replies

Vasundhara Singh (Student)     01 July 2021

Dear reader,

A will is a legal document declaring and authorising the testator's wish to divide his properties among people he wants to and to prevent any confusion in future as to the division of his property. A will once be made can be revoked by the testator during his lifetime and after his death, it becomes final and binding and no one has the right to edit or amend it. While making a will, it should be made sure that the property bequeathed is the self-acquired property of the testator and a will is not applicable to joint family and ancestral property.

In your case, you have mentioned that your mother passed away after writing a will declaring equal shares of the property to you and one of your brothers. Since she has passed away, there is no way that her will can be amended and it is final and enforceable. Your other two brothers have no rights over the property, movable or immovable that is mentioned in the will and they cannot claim it. Even if they decide to sell the property after negotiating with you, the proceeds from the sale will be equally divisible between you and other beneficiary and it has to be noted that they cannot sell the property without informing your brother who shares the property with you. You are under no obligation to share or give your documents of inheritance to any other individual.

Regards

Vasundhara Singh

mk (xxx)     01 July 2021

Thanks for the clarification.But this seems a tough one since brothers ,the other two also want a share. They asked me if we can sell I said ul find buyer. ...but I don't know if they would give me my share and settle amicable if we want to do without court case etc ...


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