• Will dead

My mothers mother and father now both are dead but their sons no of 3 made registered will make in favour of their names . sisters no of 4 names also kept out side the property I near about 45 ekar. Sister also file a civil suit last year. Can will dead no of 2 
challenge and sisters got their rights in same partition. All party belongs to st caste
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

Query is vague, however, from the understanding of the available facts, yes, you can claim your share by filing a partition suit

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

sisters can file suit for partition to claim share in property 

 

2) take the plea that there are suspicious circumstances surrounding will

 

3) is the will attested by 2 witnesses 

 

4) what was age of parents at time of execution of will 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

If it's an ancestral property and valid legal partition has done before 2005 then sisters will not hane share. Otherwise they will have share as per SC judgement on amendment of 2005

Prashant Nayak
Advocate, Mumbai
34708 Answers
249 Consultations

If WILL has been forged by brothers, file partition suit in court. Court will order WILL invalid and grant partition in all equally.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If it's ancestral property than it can be challenged in the civil suit. As per Hindu succession act.

 

If it's self acquired property and that WILL is unregistered than WILL needs to probate from court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The property was owned by your parents who died and hence the property would be divided as per the law. The will is illegal and hence should be challenged.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The property left behind by the deceased owner shall devolve equally upon his legal heirs on his intestate death. 

Therefore the suit filed by his daughter claiming her share in the property is legally valid and maintainable. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

If property is ancestral then daughter can claim share by filing partition suit.

Consult local Property lawyer in this regard .

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1. Yes will can be challenged but only on ground that it was made Under some influence or by fraud because it was registered will 

2. If will found to be false then sister can get share from that property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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