File suit of recovery of possesion and partition on the basis of Will.

1. The three sons may file for probate of the will and may seek their share before court as per the will. The court will order probate deciding validity of will and accordingly possession of property and mutation can be sought. 

- Even an unregistered will is valid document, if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. 

- Hence, the Registration of a Will is not compulsory, and after the death of the testator, an executor of the Will or a heir of the deceased testator can apply for probate.

-  Further, A probate is a legal recognition given to a Will regarding its genuineness and legality, declared by a competent court.

- Since, as per the said registered WILL , the property would be devolved upon the legal heirs , whose name is mentioned therein , and none having write to oppose and distribute the same .

- As the said son is creating problems , hence for the execution of the registered WILL, and to distribute the properties as per WILL, you should file a petition for Probate the said WILL before the district court. 

- After getting the Probate decree, you all can apply for mutation of their respective property. as given in the WILL. 

Apply for probate of will 

2) probate is judicial proof that will is genuine 

3) enclose schedule of property 

4) death certificate of father 

5) affidavit of one of attesting witness 

6) if there is no contest you would get probate in 6 months 

7) apply for mutation of property in name of benificaries 

Dear Mr. Sharma,

Contact a local civil lawyer and a suit for declaration, partition, possession,mandatory & permanent injunction, etc. should be filed by 3 brothers against one brother and obtain stay order from the. court.

The 3 sons can file a civil suit against the dissenting son for claiming their share in the property on basis of the Will and thus seek partition of the estate by metes and bounds

Injunctive reliefs can be claimed in meanwhile against the brother not to create any third party interest in the house

1. Send a legal notice to the brother, who is in possession of the property and who is creating the trouble for partition of the property into 4 parts.

2. If there is no positive response, file a case in the jurisdictional Court for partition, declaration and separate possession of the property by metes and bounds.

The WILL need to get probate from court. and ask court to distribute property accordingly to respective sons.

Hello,

1. As your father left behind a Will all of you are under obligation legally to stand by the stipulations therein.
2.  If the brother that occupies refuses to comply, the remaining brothers can file for probate of the Will in a civil court. The court will give directions after summoning all concerned to court.

File a partition suit on the basis of the WILL.

Dear sir,

Either convince the dissenting brother to agree and execute a family settlement agreement and get it registered. 

If he does not agree, you can obtain a probate from the jurisdictional District Court. Probate proceedings basically prove that the will is genuine, you brother will get an opportunity to raise the objections (if any).

After obtaining the probate, apply for the mutation before the concerned local body. The property would thereafter bear the names of you 4 brothers, and he won't be able to deny your share or sell the property without your consent.     

Hope this answer helps.

Best wishes.

File a probate suit.

1.Will has no force without taking Probate of it in many states.  So check whether taking Probate in your state is compulsory or not.  If yes then apply for it.

2. If not then file a suit for partition and injunction to claim due share. 

3. Now only the intervention of court can resolve your dispute. 

They can send him a legal notice for settlement of share if not agreed then filing of partition suit is a remedy

If you have not got the will probated, the best way to go forward would be to obtain probate of the will. If no executor is nominated under the will then you can apply for letter of administration and the administrator appointed by the court will distribute the property in accordance with the will.

You can also file suit for declaration of your share and title in the property in the light of the will but probate/letter of administration is the better and more convenient way to go.

No doubt the will of your father will prevail over any other thing since he was the owner of the property.

If you have not got the will probated, the best way to go forward would be to obtain probate of the will. Through probate order the court will authorise the executor to distribute the property as per the will and it will act as a declaration of your title. If no executor is nominated under the will then you can apply for letter of administration and the administrator appointed by the court will distribute the property in accordance with the will.

You can also file a simple suit for declaration of your share and title in the property in the light of the will but probate/letter of administration is the better and more convenient way to go.
However it must be noted that in most states in India it is mandatory to obtain probate so depending on the state where the property is situated it may be important to apply for probate.

No doubt the will of your father will prevail over any other thing since he was the owner of the property.

Your brother has only one fourth share in property 

yiu can file suit for partition for division of property by metes and bounds 

contact local lawyer in your city 

Since in Faridabad probate is not compulsory, you may straight away file a suit in the civil court of Faridabad claiming the relief of declaration of your title in the light of your father's will along with injunction to prevent your brother from selling or interfering or creating any sort of encumbrance on the property.

Along with the suit an application under order 39 rule 2 and 2 of the civil procedure code should also be filed claiming ad-interim injunction i.e injunction order before hearing your brother and it should be shown that there is an immediate threat with regards to the property for example threat of sale or of dispossession. The court will most likely grant order to maintain status quo which will prevent your brother from interfering with the property.

Further if all of you brothers want your seperate bifurcated share in the property you can also add relief for partition.

I am not in touch with any lawyer in Faridabad however I am sure some other lawyer here may be in a position to guide you in that regard.

1. The remaining sons can file for mutation and file a suit for partition against the son who is 'creating problems'.

2. The court will order the physical division of the property.

You can contact me for the same. 

If rest of the sons are not living in the WILL property. Then ask to purchase all 3 sons share by the one whom have possession on the house and pay the consideration as per market value.

1. You may engage local advocate from the website or locally and file for probate of will if brother is challenging same once will is probated you may get possession and partition of your share.

File suit for recovery of possession. Any local advocate can file.

You need to do some homework for searching best advocate in Fbd. Visit and consult locals. 

-  Legally , the said brother cannot snatch others share , except his 1/4 th share in the said property left by your fathers WILL. 

- You can engage any lawyer of this website for performing the work . 

File a probate suit in your district court with the help of a civil lawyer. 

All the three sons can file a suit for partition on the basis of the distribution of the property by the said registered Will against the agitating brother keeping him as lone defendant.

If he is challenging the Will then you can plan to get the Will probated by a court competent which will provide the desired result.

The procedure to  acquire each individual's share in the property is one and the same across the country and there is no special law for Faridabad.

You can consult an eminent advocate in the local and file a suit for partition seeking division of property as per the recitals of the Will with separate possession of your share in the property,  against the agitating brother and then get the desired relief through court of law. 

you can file a probate of the will and distribute the property equally according to the will and each brother can take his part in the property and can do whatever he wish to with the property.

there are number of lawyers in this  website from haryana having good ratings . you can check their profile on the website. 

A probate application must be filed and possession taken. Then execution must be done as per the contents of the will.

Engage a lawyer in faridabad. We cannot advertise on this platform. You may choose from this website.

Then partition suit is only remedy in above case

1. File petition to probate and execution of will in court. 

2. You can also pray for appointment of executor of will for fair distribution as per will. 

Now you can send him legal notice that you all rest of three brother's are going to auction their respectively share for sale via court and court will give possession the third part or builder or developer or whosoever purchase your share rights then by hook or crook one who has possession in the house has to give the possession to the third party. Because already one condemn of court is done by that brother Who has possession of the house.

File suit for partition for division of property by metes and bounds 

2) seek injunction restraining sale of property 

File a declaration suit 

1. See other son can seek partition of house as per will and 3 and 4 son has start construction on first and second floor as mentioned in the will. As demolition and fresh construction is not their in will the 1st son may object on same.

If he is not agree to demolish than other son can start construction in 1st , 2nd floor. If he is 1st or 2nd son than have right to retain ground portion as per WILL. And can obtain order from court if any for smooth construction.

Registered Partition deed if mutually agreed otherwise partition suit in court. 

you can file partition suit for division of said property by metes and bounds. 

File a probate suit.

A suit for partition may be filed on the basis of the will. The court had to decide.

- You should file a probate petition before the district court for executing the said WILL , and for getting the shares legally . 

You can file a suit for partition and seek for division and distribution of property as per the recitals of the Will.

In the pleadings as well as in the prayer it should be clearly mentioned about the rights of each son as per Will and the willingness of the one dissenting son, who may be directed to agree to the court verdict on this or if it is indivisible, then the court may brig the property into auction sale and distribute the proceeds equally to all the four beneficiaries. 

As a matter of fact your father's Will cannot be enforced fully because he has bequeathed the property which is not existing either on that date or today.

There is no floor above the existing structure in the property, hence he cannot bequeath a property which is not existing nor he is having an y clear and marketable  title to it.

Therefore the court may also bring the property into auction sale instead of partitioning the property as per your plans and designs.