Legal Question in Real Estate Law in India

My appartment is on jont name of my father & mother.My mother died leaving a will on her sons name.Now my father is not accepting mothers will & asking us to get probate.The society managing committee had received my mothers will before she expired from her in person & have agreed not to transfer mothers share on his name.

Now we both sons have to be abroad for work almost 3-4 moths a year.Can my father sell the house when we are not there? Also when we get back from abroad can he change the door lock & not allow us to enter the house? What can we do?


Asked on 8/24/09, 9:24 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

May be.

Approach court.

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Answered on 8/24/09, 9:27 am

You have to probate the Will and seek delivery of possession from the court.

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Answered on 8/24/09, 10:50 am


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