My mother, an Indian national, in her WILL left her property located in Ernakulam, Kerala to all her 4 children in equal ratio of 25%. This WILL was registered in court with 2 witnesses. The WILL has been probated after many years in court because my younger sister, who is 10 years younger than me, kept objecting without producing another WILL or giving a valid reason to the court. Eventually the court ruled in my my and my 2 brother's favor. My mother passed away 15 years ago! My sister, her husband and their 2 sons have taken possession of the property and refuse to move out and also refusing to sign documents to transfer the property from my mothers name to all 4 children. We are also ready to give her, her share of 25%. Can the property be transferred in our names without her signature, since we have the probated WILL. What should be the course of action, we should take? I am almost 70 years old. Thanks for your guidance.
1 Answer from Attorneys
Best is to get a court order granting you occupancy and removing your sister. The order should give you the right to file a Deed and to sell the property and disburse the proceeds.