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I am a unmarried male 45 years.My father wrote in the will that one house will be given to me and one to my brother.My sister will be given a plot of the same size.
I have one plot which I bought jointly with my mother.after she has signed a gift deed and gave to me.
I have some FDR in bank worth of 1 crore
My sister fooled me in in buying the plot and she intentionally kept jointly kept with my mother after my father's death my mother signed a gift deed and gifted the plot to me
My sister fooled me in and also signed the FDR s worth of 1 crore jointly with my mother which was my money
Both the plot and fdrs are my hard earned money which my sister fooled me and made my mother joint holder in FDRS and plot.
My question is can the challenge the Will in court and can happen after that
Asked 2 months ago in Property Law
Religion: Hindu

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23 Answers

The property bequeathed by your father belongs to the beneficiary after his death that is, when the Will becomes enforceable.

You can ask the joint beneficiaries to enforce the Will by applying for transfer of revenue records from your father's name to the names of the beneficiary, if they don't co-operate then you can approach court to get probate of Will in order to get your share mutated accordingly.

As far as your mother's Will, it will become operable only after her lifetime and she can cancel it anytime during her lifetime.

Your mother's name in FDRs along with your sister for the money you own can be disputed by you by filing a suit for declaration to declare that money belongs to you by providing documentary evidences.

T Kalaiselvan
Advocate, Vellore
90560 Answers
2522 Consultations

If the plot was gifted to you by your mother through a registered gift deed, it became your absolute property. A Gift Deed, once registered, is valid.

2) the FDRs are in joint names (you and your mother), they are generally seen as being with "either or survivor" clauses. However, if you can prove via bank records that the source of the money was your own income, you can claim sole ownership.

 

3)Collect all bank statements showing that the FDRs were created from your own hard-earned money to rebut any claim that it was your mother's or father's money.

 

4)if you had paid full consideration fir purchase of plot you can file declaratory suit that you are absolute owner of plot 

Ajay Sethi
Advocate, Mumbai
100356 Answers
8201 Consultations

Your sister’s insistence on making your mother a joint holder in your assets is likely a strategic move to influence inheritance. As a joint owner, your mother had a legal share in the plot and FDRs. If she had passed away without transferring them to you, that share would have formed part of her estate and been distributed among all legal heirs—including your sister—according to succession laws or your father’s Will. By having your mother gift the plot to you, that asset may now be solely yours, provided the gift deed is valid and irrevocable. However, the jointly held FDRs could still be contested. After your mother’s death, your sister may argue that half the FDR amount belongs to your mother’s estate, especially if the funds were held as "joint tenants" with survivorship benefits or as "tenants-in-common." She could challenge your father’s Will if she believes she was unfairly treated, potentially delaying distribution and creating legal hurdles. To protect yourself, ensure all gift deeds and nominations are clear and legally sound. Consulting a lawyer to review these documents and your father’s Will is essential to preempt future disputes.

Lalit Saxena
Advocate, Sonbhadra
258 Answers

The property belongs to you the sister doesn't have to be included necessarily in every transaction. After your mother she can claim a share of the property if your mother is a share holder. Therefore do not make your mother a sharer in any property you purchase. The will can be challenged as it is a weak document.

Rahul Mishra
Advocate, Lucknow
14121 Answers
65 Consultations

She may be having a hidden agenda as you apprehend, you can strongly object to the proposal of joint FDR account because it is your money.

 

T Kalaiselvan
Advocate, Vellore
90560 Answers
2522 Consultations

The reason why your mother is kept in joint names is for mother financial security 

 

further on mother demise intestate the money would devolve on you and your sister equally 

 

mother can by will bequeath money lying to your sister 

Ajay Sethi
Advocate, Mumbai
100356 Answers
8201 Consultations

If your mother is alive better, remove her from joint holder from every thing else her demise, she will ask inheritance right in mother share. 

Will wont be effected even if challenged in court. 

Yogendra Singh Rajawat
Advocate, Jaipur
23091 Answers
31 Consultations

Yes you can challenge the will in court 

Prashant Nayak
Advocate, Mumbai
34946 Answers
255 Consultations

Under Hindu law, the issues in your query relate to (1) validity and challenge to the Will, (2) effect of joint ownership with your mother, and (3) rights in the FDRs and gifted property. I will address these points clearly.

1. Can your sister challenge the Will

Yes, any legal heir can file a case challenging a Will. However, merely filing a challenge does not mean the Will will be invalidated.

A Will can be set aside only on legally recognised grounds such as:

• lack of testamentary capacity of the testator (your father),
• coercion, fraud, or undue influence,
• improper execution or attestation, or
• suspicious circumstances surrounding the Will.

Under the Indian Succession Act, 1925, a valid Will must normally be:

• signed by the testator, and
• attested by two witnesses.

If your father executed the Will properly and the witnesses can confirm it, courts usually uphold such Wills.

Simply because one heir is dissatisfied with the distribution is not a valid ground to invalidate the Will.

2. Effect of the Will in your situation

According to what you stated, your father distributed the property as follows:

• one house to you,
• one house to your brother,
• a plot to your sister.

If this is clearly written in the Will and the Will is valid, then each person receives only what is mentioned. A daughter does not automatically get an equal share when there is a valid Will because a person has the right to distribute self-acquired property through a Will.

3. Plot purchased jointly with your mother

You mentioned that:

• the plot was purchased in the joint names of you and your mother, and
• your mother later executed a registered gift deed transferring her share to you.

Once a valid gift deed is executed and registered, the property legally becomes yours.

Such a transfer is governed by the Transfer of Property Act, 1882.

A gift deed generally cannot be cancelled unless:

• it was obtained through fraud or coercion, or
• the deed itself contains a revocation clause.

Therefore, if the gift deed is validly registered, your sister normally cannot claim rights over that plot.

4. Joint FDRs with your mother

When a fixed deposit is in joint names, the bank normally allows operation based on the instructions given at the time of opening the deposit (for example “either or survivor”).

Legally, however, the ownership of the money depends on who actually contributed the funds.

If the FDRs were made from your income, then:

• the money remains yours in substance, even if your mother is a joint holder, and
• after the death of one holder, the surviving holder may receive the amount as per bank rules, though other heirs could raise claims depending on circumstances.

Since your sister’s name is not in the FDRs, she does not automatically get any right over them.

5. Why your mother might have been kept as joint holder

Many families keep a parent as joint holder for practical reasons such as:

• easier banking operation,
• succession convenience,
• ensuring funds are accessible if one person becomes ill.

However, sometimes relatives do this so that after the parent’s death they can claim inheritance rights over the parent’s share. That may be the concern you are expressing.

If the money was genuinely yours, it is advisable to maintain clear records showing the source of funds.

6. What happens if your sister challenges the Will

If she files a case challenging the Will, the court will examine:

• the original Will,
• the witnesses to the Will,
• the circumstances in which it was executed.

If the Will is proved valid, the court will dismiss the challenge and enforce the Will.

7. Practical precautions you may consider

To avoid future disputes, people in your situation usually ensure:

• the gift deed of the plot is properly registered,
• the source of funds for FDRs is documented,
• nominations are updated in bank deposits, and
• the original Will and property documents are safely preserved.

Summary

Your sister can legally file a challenge to the Will, but she must prove specific legal grounds such as fraud or improper execution. If the Will is valid, the court will normally uphold it. The plot gifted to you through a registered gift deed generally becomes your exclusive property, and the joint FDRs in which your sister is not a holder do not automatically give her any rights.

Indu Verma
Advocate, Chandigarh
280 Answers
10 Consultations

You need to maintain each bank statement reflecting transaction on which FDR was made 

Ajay Sethi
Advocate, Mumbai
100356 Answers
8201 Consultations

You will have to show the sources of your fdr's in order to claim the same.

Rahul Mishra
Advocate, Lucknow
14121 Answers
65 Consultations

You create documents to establish that you only funded for all those FDRs and secure them safely.

If it is on your name alone then you refuse to have them jointly along with your mother, nobody can force you to have the FDRs in joint names especially if they are your own money.

T Kalaiselvan
Advocate, Vellore
90560 Answers
2522 Consultations

For precise advice and further course of action , pls contact. 

Yogendra Singh Rajawat
Advocate, Jaipur
23091 Answers
31 Consultations

Your sister can technically file a challenge to the Will, but merely filing a case does not mean that the Will will automatically be cancelled. Under the Indian Succession Act, 1925, a Will can be challenged only on limited grounds such as lack of mental capacity of the testator, coercion, undue influence, fraud, or improper execution of the Will. If your father executed the Will voluntarily, was of sound mind, and the Will was properly signed and witnessed, the court generally upholds such a Will.

 

Therefore, if your sister files a case challenging the Will, the court will examine whether the Will was validly executed. If the Will is proved through witnesses and surrounding circumstances, the court will most likely uphold the distribution mentioned in it, meaning the house meant for you and the house meant for your brother will remain as per the Will.

 

Regarding the plot that was purchased jointly in the name of your mother and yourself, since your mother has already executed a registered gift deed in your favour, that property now legally belongs to you. A registered gift deed transfers ownership immediately and generally cannot be revoked unless it was obtained by fraud or there was a specific revocation clause. Therefore, your sister normally cannot claim that property merely because it was once in joint names.

 

As far as the fixed deposits are concerned, the crucial factor is the source of funds. If the deposits were made from your income, they remain your property even if your mother was added as a joint holder for convenience. A joint holder in a bank account or FDR does not automatically become the beneficial owner of the money. Courts usually treat such arrangements as convenience or survivorship arrangements unless proven otherwise.

 

To protect yourself regarding the FDRs, you should maintain documentation showing that the funds came from your earnings. Producing your bank statements showing the deposits and the creation of FDRs is usually sufficient. It is not always necessary to maintain every single historical statement if you can reasonably demonstrate the flow of funds. However, keeping copies of statements showing transfers or cheques used to create the FDRs will strengthen your position.

 

Your sister’s insistence on keeping your mother as a joint holder may have been intended for future claims, but legally that alone does not give her rights over those assets. After your mother’s lifetime, if the FDRs are held in “either or survivor” mode, the surviving holder (you) usually becomes entitled to operate them, although inheritance claims could still be examined if disputes arise.

 

In summary, your sister can file a challenge to the Will, but success depends on proving legal defects in the Will. The gifted plot already stands in your name through a registered gift deed, which is strong evidence of ownership. For the FDRs, maintaining bank statements and evidence of the source of funds will help establish that they were created from your own earnings and not from family property.

Yuganshu Sharma
Advocate, Delhi
1337 Answers
5 Consultations

To answer the follow-up query properly, the issue is how to prove that the funds used for the Fixed Deposits were your own money in case a dispute arises later. Courts generally rely on documentary financial trail, not merely oral explanation.

1. What level of documentation is normally required

You do not necessarily need to maintain every bank statement for the entire past period, but you should be able to demonstrate a reasonable financial trail showing that the funds belonged to you.

In practice, the following documents are usually sufficient evidence:

• Bank statements showing the debit entries used to create the FDRs.
• The FDR receipts or deposit certificates issued by the bank.
• Evidence of income source such as salary credits, business receipts, or other deposits reflected in your bank statements.
• Income tax returns showing declared income from which such savings could reasonably have been made.

If the bank statement reflects that the FDR amount was debited from your account, that itself is strong evidence of ownership.

2. Whether last 10 years bank statements are sufficient

Yes, producing 10 years of bank statements showing regular earnings and deposits can usually establish that you had the financial capacity to create those FDRs.

Courts normally look for:

• continuity of income, and
• a plausible connection between income and the investments.

You do not necessarily have to show the exact statement for the precise day of every FDR, though it strengthens the case if available.

3. FDRs created through cheque

These are easiest to prove because there will be a clear banking trail:

• cheque issued from your account
• debit entry in the bank statement
• corresponding FDR receipt.

Such deposits are rarely disputed successfully.

4. FDRs created through cash

Cash deposits require slightly stronger explanation because the banking trail is weaker.

To support such deposits you can rely on:

• bank deposit slips or FDR application forms,
• your income tax returns showing sufficient income,
• withdrawal entries from your bank accounts around that time, or
• any other records showing accumulation of savings.

If the cash deposits are consistent with your income profile, courts usually accept them.

5. Importance of the “beneficial ownership” principle

Even if your mother is a joint holder, the legal position generally examined by courts is who provided the funds.

If you can show that:

• the money originated from your income, and
• your mother was only a joint holder for convenience,

then the deposits are generally treated as your funds, not part of your mother’s estate.

6. Practical precautions going forward

To avoid future disputes, it is advisable to:

• keep copies of FDR receipts and renewal documents,
• maintain bank statements showing creation of the deposits,
• ensure nomination is updated,
• preferably avoid creating large deposits through cash if possible.

You may also request the bank for a deposit advice or historical statement of FDR creation, which banks usually provide.

Summary

Maintaining bank statements for the last several years showing your earnings and the transactions used to create the FDRs is generally sufficient. Ideally, you should keep the bank statement showing the debit entry for each FDR, along with the FDR receipts and your income records, to establish that the deposits were made from your own funds even though your mother is a joint holder.

Indu Verma
Advocate, Chandigarh
280 Answers
10 Consultations

Yes you can show and to the aforesaid 

Prashant Nayak
Advocate, Mumbai
34946 Answers
255 Consultations

If flat is standing in your nand alone your siblings cannot vacate you from flat 

 

if flat is in joint names and mother has executed will for her 50 per cent share in flat in your sibling nane they can file suit for partition fir division of flat 

Ajay Sethi
Advocate, Mumbai
100356 Answers
8201 Consultations

If the properties are your father's self acquired or own properties and he has bequeathed all the properties through a Will and he has excluded your mother in the Will then your mother has no rights in any property.

Therefore it will be immaterial whether she's alive or not living anymore, your brother cannot go beyond the bequest, he shall be entitled only to the property allocated to him.

T Kalaiselvan
Advocate, Vellore
90560 Answers
2522 Consultations

Draft copy of will must have been stored in laptop 

 

printed copy must have been signed by mother and duly attested by witnesses 

Ajay Sethi
Advocate, Mumbai
100356 Answers
8201 Consultations

A Word document sitting on a laptop by itself has no legal value unless it is properly executed.
A will is valid typed in computer and printed later or even handwritten but it should have been properly executed by the testator and signed in the presence of at least two witnesses attesting the testator signature. Show her free consent (no coercion, fraud, etc.)
As far as the Will reportedly found in his computer may be a draft Will someone was preparing or it could be a template downloaded from the internet or it might be corrupted, password-protected, or incompatible format.
It could even be unrelated and just coincidentally named. Therefore you not being able to open it does not automatically mean manipulation.

 

T Kalaiselvan
Advocate, Vellore
90560 Answers
2522 Consultations

Yes it can but it needs yo be signed only draft copy is of no use

Prashant Nayak
Advocate, Mumbai
34946 Answers
255 Consultations

Regarding FDR Documentation: To document Fixed Deposit sources, you do not need to maintain every bank statement. It is sufficient to show your last 10 years of bank statements to establish a history of earnings. The key is to demonstrate a clear link between your income and the funds used. For FDRs made via cheque, the bank statement showing the debit from your account is adequate proof. For FDRs made with cash, you must preserve the source documentation, such as withdrawal slips or a statement showing the cash withdrawal, to substantiate the transaction.

Regarding Father’s Will and Mother’s Rights: Your siblings cannot ask you to vacate the house bequeathed to you in your father’s will after your mother’s death, provided the will is valid and the property was your father’s self-acquired or his separate share. Your mother’s email cannot override a legally executed will; a will requires formal execution with witnesses. However, if your mother holds a life interest or co-ownership in that house, her estate may pass according to her own will. Otherwise, your father’s testamentary wishes regarding his share are binding.

Regarding Suspicious Laptop Document: You are right to be cautious. A will cannot be legally created simply by typing a document on a laptop; it must be printed and signed by the testator in the presence of two witnesses. Your brother’s actions—accessing your laptop to create an unopenable “Will of Kanta Kakkar” while providing you with his Wi-Fi—are suspicious. This suggests a possible attempt to create a fake will or control the narrative. Secure your laptop immediately, change all passwords, and do not rely on his Wi-Fi. Consult a lawyer to protect your mother’s intentions.

Lalit Saxena
Advocate, Sonbhadra
258 Answers

Dear client

The Hindu Succession Act of 1956 is applicable. Also, the principles of testamentary law apply to this situation.

  1. Your father had a valid will (and assuming it met the requirements for validity). Upon his passing any real estate item that he specified in the will would transfer as he designated. Your siblings would not be able to compel you to leave the house that has been given to you as a result of his will, unless the will is challenged or proven to be invalid by a court.
  2. Your mother's writing an email or creating another will would not supersede your father's will unless the real estate was still in her name as of your father's death (i.e., there was never a transfer or partition of the property under the laws of succession). A will must be prepared in accordance with the legal formalities; an email only does not create a will unless it is signed and witnessed just as if it were a will.
  3. Your mom will not get any rights against your sister from having your mom on the joint FDRs or joint ownership of the land that was created as joint titled owners of a joint bank account. However, if there is a real dispute about ownership, document your ownership (e.g. bank statements and the source of funds) because it will be necessary to provide proof of your ownership to the bank if your sister attempts to collect the account as a joint account owner.
  4. I cannot tell you how serious your concerns would be about the “will document”. A will can be written in an electronic medium but, whether or not it is valid will depend on having the signatures of the decedent, witnesses and having a legal description of the will as was found with respect to traditional paper wills and the question of what authority the will had, was primary.

Anik Miu
Advocate, Bangalore
11247 Answers
126 Consultations

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