Partition suit - we have some 5 properties from inheritance
1 year ago
Hi sir, am Suresh , we have some 5 properties frm inheritance, I have one older brother who sold 3 property
With out my consent 25 years bk I was out of town came bk in 2008 got to know frm my elders and friends that my brother sold 3 property out of 5 , i filed a partition suit in 2008 and made parties for buyers also nw its in evidence
But still not clear, I opt for injunction restraining 3rd parties frm selling the property but it was rejected, nw I hv got a will copy from my father which was done for me wen I was minor
And unlucky the property in will copy are the same 3 property which was sold by my brother nw wat should I do
My father is expired in 1966 and will was don before 3mnts he died all three property are self aquired by my father
Nw wat should I do for the will copy can I produce it to court plz advice
You may go for probate as per following procedure:
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Petition for Probate of a will under section 276 of the Indian Succession Act, 1925.
Format of Petition for Probate of a Will in a Civil Court.
For probate of a will, Petition under Section 276 of the Succession Act, 1925 can be filed in a Court. Section 276 of the Act is as under:
276. Petition for probate.
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating-
(a) the time of the testator's death,
(b) that the writing annexed is his last Will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner's hands, and
(e) when the application is for probate, that the petitioner is the executor named in the Will.
(2) In addition to these particulars, the petition shall further state,-
(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.
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