We are two brothers in Mumbai. My father passed away and left his immovable property 100% to my brother only in his will. We would like to divide the property equally among us. Should we transfer the property first in accordance with the will and then my brother can divide it once it comes on his name? Or is there a way to do it directly?
Also, I am told that for my brother to put his name on the property, the will must be probated. How long does a probate take?
Probate is an order obtained through court process. It takes certain time and there is no fixed/specified time limit. If no one opposes the probate proceedings filed by your brother then in about maximum of 3 months time (approx) your brother can get a probate order in his favour and thereafter your brother can execute a release deed (registered) in your favour relinquishing 50% of the share in the property.
By this way you both can share the property equally.
Note: If the property is located in city only probate order is required for a will otherwise no probate order is required.
Best of luck...
I am a layperson but would like to suggest something. Can you both mutually decide to destroy the will and transfer the property by succession to both you brothers. This would save a lot of time and legal process.
Thanks for your answers everyone. If the will is destroyed, but someone who knows about it, such as the witnesses, turn hostile, then what are the consequences? If the family members have no objection in dividing the property without a will, can anyone else contest?