• How to get share of residential property

I am the eldest son of my expired father,My mother & young brother still alive.Father was expired in the year 2004 at that time he was 74 years.Prior to death of father he had prolong illness.My younger brother instigated father to will the entire residential property in his name.The will was made in the year 2001.The will not yet been registered nor any executor have been nominated.From last month my brother ordered me to vacate the rooms.I and my mother,wife residing a portion of building since 17 years.At the time of costruction of building, I had made monetary & physical contribution.Please advice me what legal procedure to be follow the get my share of residential
building.
Asked 2 years ago in Property Law from Jorhat, Assam
1) file suit for partition  to claim your share in the property .
2)  in defence your brother will rely upon the will .he will have to obtain  probate  .
3)  both the suits will be tagged together .
4)  your brother has to prove that will was genuine
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
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1. A will is treated as valid only when probate is taken from the Court & in your case no probate of the said will has been taken by your brother,

2. Contest the probate application when it is filed by your brother citing appropriate reasons,

3. Meantime file a partition suit for the said property of your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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give legal notice and file suit for partition
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Check whether Probate is applied for or not for the Will of your father. Without it the Will has no force.
2. In Probate proceeding you can challenge the validity of Will especially in the context of prolonged illness of your father. The prolonged illness of yur father would help you to nullify the validity of the Will.
3. In the meantime do file a suit for partition for which sending of notice is not required.
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
4.9 on 5.0

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