I was born in India & went to USA for higher studies & acquired green card in 1980 but was still Indian Citizen.
In 1986, 1987 & 1988 I sent money by 9 drafts in varying amounts to my brother for building a house & he did in 1988. He wanted to put his name on the house but my mother, grandmother & 2 sisters objected because it was my money so he put the name of my mother & grandmother on the house. I was still Indian citizen when all this happened. Since 1988 my Mother, grandmother, sister & my brother were living in the house & whenever I visited India, I did too.
The house is in Gujarat.
In 1992 I became US citizen.
My mother & grandmother died in 2005. They did leave a Registered will & me as the sole inheritant of the house. The will also states clearly that the house was built with my money. My two sisters have signed as witness in the will & they support me fully & don’t want any part of the house.
My brother has been living in the house for 22 years & doesn’t want to give the procession of the house to me. He is now betraying me claiming that the money I sent him was a gift because he had manipulated me in writing 2 drafts ( checks ) as gift out of 9 drafts in total. The 7 drafts do not have any gift certificates.
Thus, I am now a US citizen with a Registered will that says that I am the sole inheritant. I have not taken any action as far as the will is concerned.
First, is there a statute of limitation for executing a will ? if not,
How do I use this will to get the custody of the house ?
I read that a Probate is not mandatory for a will & property in Gujarat & if that is the case how do I transfer this property in my name & get him out of the house ?
If I apply for a probate & if he objects which is a certainty, what kind of Legal battle am I looking at & do I have to stay in India while probate procedure is going on ?
How long does it take to get a probate ?