Legal Question in Civil Rights Law in India
My father wrote a will for the his property in 1985 and he died in 2005. I am the younger son and my father has written the whole land property in my name. In the will, i am instructed a sum of money to two sisters and my only brother. After my father's death I gave the money to my sisters for with they have given me receipt in stamp paper. But my brother is not willing to take the money or to give receipt as he was not in good terms with my father. Till now we have'nt probated the will. We belong are christians belong to Kollam, kerala. Is the Will needed to be probated. Is it possible to probate the will if my brother is not signing/not taking the money? Is there any problem to sell/mortgage the property?
2 Answers from Attorneys
You may seek probate of the will. If your brother does not accept money as per the will, you may deposit his share in the court.
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