Inaction by Executors to implement Will
My father's younger brother had a very valuable land with an old house in it in Bangalore. When he died, my aunt got it transferred in her name. About 4 years ago she died. They had no children. She left a Will in which she gives the property to 11 inheritors, who are her husband's relatives. There are 3 executors named in the will. Two are from the beneficiaries and one is not a beneficiary (but a son of a beneficiary). The Will says since the property is indivisible, it may be sold and the proceeds be divided among the beneficiaries as per their entitlement. The Will is probated. In all these 4 years, only one genuine buyer has come, the Owner of the adjacent property. Half of the parties (all senior citizens) want to sell and the rest block the sale by telling that the price is low. Already crores are lost due to interest loss. I have a doubt that those who always oppose the sale have an aim to encroach it when the dust settles, because they are younger. Some people are not even attending meeting if we call. We are unable to proceed. My question is: Since the plot is not big enough to be divided, only way out is to request to sell it by a Court-appointed Receiver. Now the problem is nobody is interested to do all these things. I am alone in trying to solve this. I am not ready to do make all court deposits (huge amount) and work much. I am trying to see if I can do something with minimum money and travel (I am in another State). Part One is Get a Stay Order so that alienation and encroachment is not possible forever. I think it is fast and not much cost is there. Part two: I know if I file a suit for Court Sale, it will require a huge deposit and a rigourous follow up. I am not ready to do it alone. So I have another plan. File a suit complaining that the Executors have not done their duty since all these years and now also nothing, they have not even filed audits to Court as per probate. So the Will is not implemented fully. The Executors cannot say that are not responsible for the sale, because they had promptly distributed the bank deposits and gold. When Notice is served on them and they come, ask the Court to call all and share the deposit money and be a part of the whole case. Is the method I say workable? In case not, what I can do to bring all these guys to the Court and pay and share the work? After all, I am only a beneficiary and spent 3 lakhs without any result.
Asked 5 years ago in Property Law
Religion: Hindu
I already know bout the Injunction petition. Second part: if I request a Court Receiver. Can I ask the Court to call all people and force them to share the cost NOW? (In other words, I am unable to deposit the whole money alone.). I heard that the Court will ask to pay the full cost of Receiver salary, etc. Hence my question. My requirement is All should be called, All should be asked to deposit part of the cost, All should be made to work.
Asked 5 years ago
