Hemali 20 June 2025

Regarding property dispute and probate application

This is a matter relating to ancestral property dispute between 4 brothers and 3 sisters. That currently, only 3 brothers and 1 sister is alive.

The property in question is a godown. That currently the next of kin of one of the late sisters is not cooperating in signing the probate application and claiming his share, nor is he signing any affidavit relinquishing his share in the property. We have reached a deadlock, and this matter has been in courts since many years now.

How can we speed this process? How can we avoid getting constant dates from the court regarding this matter, just because one member is unwilling to cooperate? Is there any provision of law that prescribes that if one is not cooperating, their share is automatically relinquished?

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T. Kalaiselvan, Advocate (Advocate) 20 June 2025

Since the matter is pending before court and the delay is for one or the other reason, you may have to endure the hardships faced in this regard.

The unwilling and reluctant shareholder's rights or interests in the property cannot be automatically reliqnuished just because he is not cooperating.

You may have to pursue the matter as per due process of law, first find out that for what reason is the case pending and what is the current stage of the case.

You cannot blame him alone for the delay, you may have to introspect the reasons for the possible delay from your side too.

These involve practical issues, hence your advocate is the best person to guide you properly, if not you can terminate the services of the advocate and engage another able and efficient advocate to replace this advocate