• Contesting will for NRI

My brother taken my father properties through will while i am in uk
Asked 4 years ago in Family Law
Religion: Hindu

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6 Answers

You can object to mutation of property in brother mane on basis of will 

 

brother will have to apply for probate 

 

you can object to grant of probate 

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

The will can be challenged by you and other legal heirs if any.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can challenge the will and seek cancellation from court. 

If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

- As per law, none having right to claim the property of father even through a WILL during his life time. 

- Further, if the property is an ancestral then a WILL is not valid , and a WILL can only be written if the property is self acquired property of your father. 

- Further, registration of a WILL is not mandatory , and it must be written in the presence of two witnesses. 

-  Further if that WILL is not probated from the court , and if  you think that the said WILL is not written by your father and has taken under influence , then you can send a notice to him for partition of the property. 

- If no positive response, then file a Partition suit in the court. 

- Further , as you are not in India, then you can engage a lawyer for the same. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

If your brother has been named as beneficiary in the Will and if you suspect the Will itself then you can file a suit for partition of properties which are lying on your deceased father's name.

You have to be in India to follow up the case properly or you may even lose your case,.

T Kalaiselvan
Advocate, Vellore
90208 Answers
2506 Consultations

1. Where is the property situated?

 

2. In most of the states, probate of the will is required to be availed otherwise the will is considered as invalid.

 

3. If probate of will is must in your state, contest the probate application fittingly.

 

4. You can now file a partition suit claiming share of your father's properties to start the matter when he is expected to submit the will to enable you to contest the same. 

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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