Legal Question in Wills and Trusts in India
I am an NRI. We are 2 brothers and 1 sister. My elder brother with whom my mother was living got the Will in his favour before her death. To probate the Will can he claim that he is not aware of the contact details of me and my sister and can he simply put an ad in the local news paper which I can not access to and read. He has been in touch with my sister and with me over the phone. Can the court probate the will and make him the owner of the property which he can sell without our knowledge? Can the housing society in Mumbai where the property is still ask for NOC from me and my sister. Socty secretary is aware of the contact details of mine and my sister. Appreciate an urgent reply. Thanks
2 Answers from Attorneys
you need to appear through your lawyer in court & defend your case
as a precaution you may file a caveat application before the district court with notice to your brother. Once the caveat application has been filed after notice to brother, the court will not hear the probate petition without service of probate petition upon you at the address you would convey in the caveat petition.
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