• Property issue

My father bought a house from his retirement benefits.I have three elder brothers and four elder sisters. All are married except my second sister(due to medical reasons).and live in different cities,Only my unmarried sister and me lived with our parents. Since my sister(61 yrs now) is unmarried and unemployed our father wrote a handwritten will on a plain paper with two witness stating that after my parents death my sister can enjoy the benefits of the property.and only after her demise the property can be divided equally among the rest of us.Me,my wife and children live in this house with my unmarried,unemployed sister paying her,monthly house rent  thus supporting her financially and also as a security.All our family members are aware of our fathers' will.
       But the will is not probated, Knowing this my second brother had sent a lawer notice to all of us demanding to divide the property and give his share,
Is the will still valid even it is not probated? What will be the fate of my Unmarried sister? Please advise.
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Christian
1) in reply to legal notice you should mention that as per your father will your sister has life interest in the property and only on her demise property would devolve among the legal heirs 

2) apply for probate of the will 

3) I presume that at least one of the attesting witness is alive . His evidence would be necessary to prove the will
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. The will should be got probated as it has only scrap value unless it has been probated. 

2. As per the will of your deceased father during the lifetime of your sister the property cannot be divided.

3. You should apply for probate and at the same time reply through your lawyer to the lawyer's notice sent by your brother. 

4. Your unmarried sister can, in accordance with the will, enjoy the benefits of the property during her life time. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) if your brother files suit for partition he wont win the case . 

2) you have to contact a local lawyer and reply to noitce 

3) it has to be mentioned that copy of will was given to brother on father demise . 

4) that brother was aware of contents of the will wherein life interest in house has been given to your un married sister 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. Since the will has not been probated your brother must have claimed his own share in the property. 

2. The outcome of the case can be in either corner. The utmost you can do is contest the case filed by your brother.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Get the reply drafted from your lawyer after giving him the notice received by you. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) probate is mandatory when will has been executed by Hindu in respect of immovable properties situated in Bombay , Calcutta , madras 

2) probate is judicial proof that will is genuine 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
If the Will meets the requirement of Indian Succession Act, it is a valid will. A legal heir can challenge the Will on available grounds. Since all other legal heirs recognise the will, it will be difficult for one single LR to dispute the same. Nevertheless a challenge can be made. In response to the legal notice apprise your brother about the will and wishes of your father. All other legal heir can also respond to that  conceding the contents of will. If the dissenting brother was in knowledge of existence of will and he did not challenge it within period of limitation, he is barred from raising a dispute now.  
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
1. The value of a Will is not more than a scrap paper till probate is granted by the Court on it,

2. File an application for the grant of probate of your fathers's will for which your second brother will get notice and will surely contest. The Court will hear all the legal heirs of your father and will decide thereafter.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
1. You should file an application for grant of probate by the court immediately,

2. You submit your reply before the Court that the property has already been willed by your father and application for probate has already been filed by you. YThe partition suit will wait till the probate application is disposed of,

3. Your second brother has no chance of winning the case filed by you if you can obtain probate for the said will.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
1. You should send reply to your said brother stating that your father has already executed a will in favour bof your said sister,

2. Engage a local lawyer to draft the said reply.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
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Give a proper replay to lawyer notice. Disclose about the will and the your second sisters right over the property. 

Contest the case if your brother file a case for partition then disclose about  the will and prove it as your father last will with the help of witness in the will and scribe.Or file application for probate the will by the court immediately
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
Hi, you have to reply the legal notice issued by the your brother through the advocate.

2. You have to initiate probate proceedings in respect of the will.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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