Legal Question in Wills and Trusts in India

We are three children to our Father/ My father had left a Will for division of his house property, naming me also as Executor of the Will. I find the formula for division of property he has suggested is not acceptable to me. Being both a heir and Executor, can I opt not to probate the Will but file a suit for partition for division of property equally between the three heirs?


Asked on 11/11/11, 3:23 am

2 Answers from Attorneys
Anil Kumar Sharma JurisTree

Will is to be executed by the Executor seeking Probate, otherwise the Division of the property will be instestat - without the Will, by operation of law- equal division among legal heirs, it is up to you to adopt any course of action.

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Answered on 11/11/11, 4:19 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you can file a partition suit but in case will is probated i doubt how far the suit may be of your help.

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Answered on 11/13/11, 4:53 am


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