We were three siblings to my parents i. e., one elder daughter and two brothers. Two years back father expired leaving behind one self acquired residential site. However he left unregistered will bequeathing clearly the said site to my mother. Now my younger brother is not accepting the will and also purposefully denying to sell the site even when we offered his share to be taken. Also, our mother had heart attack after our father's demise and I had to spend more than 6 lakhs for treatment. Younger brother was least bothered of this and did not share a single penny for our mother's treatment. Also, he is not paying any maintenance charge to mother even though when he has utilised my father's retirement fund Rs.15 lakhs in his house construction after committing orally that he will return the same in yearly installments. Now , he says he has committed to return the retirement fund only to father and hence will not return to mother. Now what is the option to sell the site and get back the retirement fund to my mother.
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1. Will has no force in law unless Probate is taken.
2. So first take probate of the Will from the local court.
3.if thereafter your brother doesn't listen to it then file partition suit .
4. Ask your mother to claim maintenance from your brother so he repays somehow the money he had taken earlier.
5.Unless you put pressure from every corner your brother is not going to budge.
1) mother has to apply for probate of the will
2)_ registration of will is optional
3)it has to be proved by testimony of witnesses that father had executed the will
4)your mother and other legal heirs have to sue brother to recover Rs 15 lakhs retirement fund of your deceased father
Your mother cannot sell the property without the same being transferred on her name.
She has apply for mutation of the property and transfer of khatha etc to her name before the authorities.
She has to produce death certificate, copy of the will and NOC from other legal heirs of your deceased father since this is an unregistered will.
Your brother may not give NOC.
The next option available before your mother is to approach civil court seeking probate of the Will after which she will become the absolute owner of the property and can sell it without the consent of anyone.
