• Successors

My grand father had two sons and a daughter. he had executed a will in the form of notary ( it was not registered). on the basis of notary the properties were divided between the two sons and they were enjoying those properties from the past 9 years. and some of the properties were given for his grand children ( children of his two sons).

recently his daughter had mentioned in a notice belonging to a bank account, that she had not given any share in the will.


Even some already existed nationalized banks in our properties accepted the will and they also executed a fresh lease with us after the sudden death of my grand father. 

does she had a right to oppose the will?

she got married 48 years back and very well settled.

All the properties were ancestral.
Asked 10 years ago in Property Law

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5 Answers

it is always advisable to obtain probate of will . it is judicial proof that will is genuine . you grand father could only have bequeathed self acquired property by will . for ancestral properties your grand father could only have bequeathed his share

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

she can oppose the will and claim her share of the property

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

The daughter can claim the share in property since it is ancestral and she has a right in it. She has a valid reason to challenge the will.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

Yes, daughter has right in the ancestral property she can challenge the will.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Repeated query. Already answered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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