1) nominee is only trustee for legal heirs

2) you cannot restrain other legal heirs from entering the flat

3) if you and mother are beneficaries you have to apply for probate of will

maximum court fees for probate is Rs 75000 in bombay

you have to pay court fees for applying for probate

if there is no contest you will get probate in 6 months

2) if your brothers contest the will then it would be converted into testamentary suit

3) you can apply for expedited hearing of suit if you are senior citizen

probate is juidical proof that will is genuine

till probate is granted you and your mother can continue residing in said flat

1. Your right to inheritance originates from the will and not nomination. In terms of the will of your deceased father you and your mother should apply for probate as a will requires mandatory probate if it is in Mumbai. Without probate a will is nothing but scrap.

2. On the basis of the will you and your mother can file a suit for permanent injunction to restrain your brother from entering the property that has been bequeathed to both of you.

3. You can sue as a pauper if you cannot pay the court fee. The court will seek the response of the court to your application for permission to sue as pauper.

1. The flt would be transferred in the name of the nominee first.

2. Now if you want to take benefit of the Will you will have to take Probate from court .It takes time as your brothers are likely to oppose the grant of Probate.

3.there would be no exemption on court fees.

4. Yes, you can restrain your brother from entering the flat.

Being the first nominee can I refuse other heirs from entering the flat.Also in the father's will me and my mother are beneficiaries.My brothers were not staying with us.During my father expired me and my mother. we're with him.Now one of my brother wants to reside in the flat.Will is not probated.Can I refuse my brother from entering.

If there is a will or testamentary disposition for the property, then the beneficiaries may act upon the will to enforce the bequest

Since probate is compulsory in Mumbai, you can apply for probate of will if the same is not a registered instrument.

In the meantime you can file an application seeking injunction restraining your brother from entering into the house till the disposal of the main petition

Is the court fee of probate is exempted for non earning person.

No. There is no such provision in law.

Is their fast track court process for probate of will for senior citizens.

You may enquire about it within your jurisdiction courts.

What is the status of the will till it is probated.Are the beneficiaries of the will have the control over the property.

Will is the basis for acquiring the property, hence till the will is probated you cannot claim title to the property to be acquired through will.

I am the first nominee and also the beneficiary in my father's will along with my mother. What are my status regarding the property mentioned in the will till is probated.

You will be just a nominee to receive the property and disburse the same to the legal heirs.