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
My brother taken my father properties through will while i am in uk
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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
You can challenge the will and seek cancellation from court.
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- 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.
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,.
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.