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Madurai1   23 January 2022

How to get my property based on my fathers will?

Sir, i am Madhan kumar, age 52. I am physically disabled, polio affected person, having disabled right leg. I have 2 brothers. In 2013 my father wrote a will favoring me. In that will my father clearly states my disability, and says
his self earned property (home) belongs to me and i hav right to sell it for my future plannings as i am disabled and my brother & sister doesnt have any share in it.
My father died on 2017 september. But my mother lived in that home with my brother.
So i doesnt asked my brother to vacate the home.
Last year my mom also died.
Now i want money for my daughter marriage.
I not even mutated the will, the property original documents are with my brother.
All i have is my father's will, & his death certificate.
Now my brother asking share in that property.
How can i sell the property sir.
All tge property details, water tax, property tax numbers, eb connection numbers & everything are in the will.
How can i get the original document from my brother.
If i went to court, how many years will it took to get the judgement sir?
Just by having the will, can i sell the property by direct sales deed?
Can i sell the property by giving power of attorney based on the will?
As i am a disabled person, my brother deliberately challenging me, he wont give me the property?
Need ur advice sir?


 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 January 2022

Where is the property situated and where was your father at the time of writing th will? Is any property other than the house mentioned in the will. In whose favour are the other properties willed?  Is any executor of will mentioned in the will? Was the will registered? In whose possession is the will document? In case the will is not in your possession, have you got a photo-copy of the same?

If the property or any other property mentioned in the will is situated or if your father wrote the will in any of the cities of Mumbai, Chennai or Kolkatta you have to obtain a probate on the will.

If property is situated anywhere else, then also the buyer of the property may ask for a probate. Also you have to get the property mutated in your favour. You will be able to do it only if the property document and the will are in your possession.

In case you want to sell the property acceptance by the buyer is the main criterion.

Madurai1   23 January 2022

The property is at erode, the will is properly registered in sub register office with the signature & thumb impression of two witnesses. Only this property (house) is mentioned in that will sir, no other property was mentioned. And he clearly says the property belongs to me for my future needs, stating my disability.  I have the original will document sir. There s no executor stated in the will sir. 

 

He is threathening me sir, "go to court, it will take more years to get judgement, else sell the property and give 50% to me"

 

The value of the property will be around 20 lakhs sir. I have 2 daughters sir. Need to settle them sir. 

Can any one tell the procedure to sell the property sir. 

Dr J C Vashista (Lawyer)     24 January 2022

@ Mr Madhan Kumar, / Madurai

Show the will / copy to a local prudent lawyer for better appreciation and professional advise as the issue involve some more legal considerations.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 January 2022

You apply to the Registrar's office having jurisdiction and get a certified copy of the original document of the property. The Registrar's office will give you if you show them the regisered will. Get the property mutated in your favour based on the certified copy of the property document and the original of the Registered will, which you have. After that you can sell the property provided you can find a willing buyer. You may have to sell the property at less than the market price.

Alternatively you can give notice of eviction to your brother after action as above. Your brother should not get wind of what you are doing until the eviction notice or you have sold the property.

P. Venu (Advocate)     24 January 2022

You may approach the local Revenue Office and the get the property mutated in your name. 


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