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Vani   26 August 2015

How to claim and register the property got through will

I got the 1/3 of the property through my father’s will during 2004. Other 1/3 gone to my elder sister and another last 1/3 gone to sons of elder brother. Due to the sick mind of my brother and their neglecting the responsibility of taking care of my parents in old age; My parents clearly mentioned my brother and his wife won’t follow any property belongings and given last 1/3 share to their grandsons(2 in numbers; @ the time of will; they are 10 and 12 age only). As they don’t believe on my brother; they choose my elder sister’s husband as guardian and he needed to resolve any disputes and successful carry-out the will document. Past 10 years, whenever I requested to settle the will and they postponed by providing some excuses. Just now, I got to know, my brother convinced my sister and transferred her 1/3 property to his name by means of sale deed. Later, my brother and his son mortgaged the property to third person without my consent. That time; they have requested me to transfer another and last my 1/3 to his son. But I refused to transfer my 1/3 share. Finally, I got to know; they mortgaged to another person. My brother and his family members only availing all the facilities of the property and they won’t allow me/my family members to stay there and avail the property. Please guide me to get my share of the property. What is the procedure to register the property in my name?


 4 Replies

saravanan s (legal advisor)     26 August 2015

apply for probate of the will

Kumar Doab (FIN)     26 August 2015

Probate the WILL.

Partition as per WILL.

T. Kalaiselvan, Advocate (Advocate)     26 August 2015

You can issue a legal notice expressing your willingness to partition the property as per the Will, if there is no reply or response, you may proceed with a suit for partition seeking separate possession of your share in the property. 

1 Like

niranjan (civil practice)     26 August 2015

1.Give public notice that you have 1/3rd share in the property and no one should purchase it.

2.File suit for partition with possession  based on  your share in the Will and seek temporary mandatory injunction against your entry in the house .

3. Since the property was not partitioned,sale or mortgage without your consent is illegal and you can seek declaration about that..

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