Probation of a will in settlement of share
My father left a will, in 2010, which stated that his apartment in Chennai were to be left to his son and a house in Kanchipuram to be shared between his two daughters. One of my sisters would like to sell her portion of the house, while the other wishes to retain her part. Is it necessary for the will to be probated? What other procedures must I follow if, in the future, I have to sell my apartment? Can I arrange for a family settlement? I would appreciate your help in this matter.
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If a will is executed at Chennai, or in respect of property situated in Chennai and executed elsewhere, it must be probated. Once the will is probated, both your sister and you can deal with the respective entitlements. A family settlement can be entered into, between the family members, if there are any disputes between them, regarding their entitlements. Such a family arrangement can be either oral or through a document, which has to be registered. You may use the remedy that you find applicable to the facts of your case.
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