Legal Question in Wills and Trusts in India

I live in Tamil Nadu, India. My uncle has recently inherited land from his deceased father. My uncle has four elder sisters. The father's will says that the whole of land to be inherited by my uncle alone. He didn't include any other property for the other daughters. My uncle now wants to sell that land and has agreed to give a part of that land to his sisters. But the eldest one, signed a petition against him, saying that there is no will existing and that the land be divided equally. So now, he is unable to go with the proceedings of land selling. How should my uncle go about this petition? Please help. Thank you.

Asked on 9/29/13, 1:36 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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Dear Sir / Madam,

Your uncle should get your grandfather's Will probated in the Court, so that the title of the land gets transferred in his name, in view of your uncle being named as the beneficiary in your grandfather's Will. The Probate process has to be completed by the Court within three months from the date of application by your Uncle to the Court. Your uncle can immediately sell the land thereafter which vests in his name.


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Answered on 9/29/13, 2:03 am

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