My father passed away 5 years ago, leaving behind a Notary WILL. My brother who is in possession of the Original WILL, misused this WILL alongwith the Bank, and took control of a Partnership Company, that had only 2 partners. It was bequethed to him in the WILL
I got to know about this WILL, after an year had passed. When I approached the same Bank for my share of assets, they refused and instead asked for Probate of WILL, which was not asked from my brother. For other provisions also, like Liquid Assets, Probate of WILL is being asked from me.
As per Partnership Act, Section 42 and 46 should prevail, hence this Partnership Company should have got dissolved, and assets distributed among legal heirs.
I had initiated legal proceedings for Probate of WILL in High Court a year ago. At the same time, In an another case, this WILL was accepted by all the legal heirs, in a District Court.
My lawyer is saying that I should dump the Probate Case altogether, and instead go for Individual Execution of the balance Provisions of the WILL, because my brother will not let the Probate of WILL in the High Court to sail through easily, and will resort to delaying tactics and lengthy arguments, ultimately seeking that I let go off this Partnership Company and its assets among other blackmail, in the guise of a Settlement at a future date.
My lawyer is saying, that my brother may have already emptied out this Partnership Company, hence we should take our things first, and then challage under Partnership Act.
I am that juncture, that I cannot prelong this matter any further. Please advice.
CAclubindia
