delhibelly (someone) 29 August 2009

Right to property

Dear Sir, My mother died leaving behind an unregistered will with a clause (which says it should be registered within 6 mths of the will) [I feel my brother had somehow managed to get the signatures done on one pretext or another] which gives all to my younger bro. and also a notice for disowning was published about which i don't have any knowledge ?? Can I challenge it . P.S. : I live in US with my family. We are 3 sisters and 2 brothers. My younger brother is married but his wife does not stay with him. He has 2 kids which stay with them. My mother was sick. He used to take care for her and for the past 5 yrs he has been dependant on her since he was all the time at home looking after her and his kids.

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adv. rajeev ( rajoo ) (practicing advocate) 29 August 2009

From ur question it seems that will is regd., during the life time of your mother. Date of regn., of will and date of death of ur mother is important. If you have any doubt regarding the signature of ur mother, then you challenge it in the court. Unregd., and regd., will can be challenged.

delhibelly (someone) 29 August 2009

thanks rajeev for such a prompt reply. No the will was not registered during the life time of my mother but was registered later after her death. As I explained earlier also there was some clause in the will that says to get it executed or registered within 6 mths of the date of will. what I presume is that the will was got signed by my mother on one pretext or other and the date filled after my mother died. will was registered after the death of mother. Secondly my mom cannot move around i.e she was handicap waist below. Can I move the court on the grounds that my mom was not stable when she gave this statement/will and also the debar notification. Plz advice. Thanks again

Y V Vishweshwar Rao (Advocate ) 29 August 2009

1- The Will deed can be Registered after the Death of the Executant !

2- if you are disputes the Will deed 7 You have doubt aobut the Will Deed , You have to claim your share in the proerty by filign suti for parrtition - ignorign he Will & ingoring the Ppaer Notice as you are not in india , if yoru brother claims exclussive rights on the proerty on the basis of the Will deed -he has to prove the Will Deed, execution of the Will deed by your mother and that she was in sound state of mind and disposing state of mind and that there was no force . It si burden of your brother to prove the Will deed -

3- File Suti for partition stating that your mother died intestate (i.e;- with out any valid Will Deed ) and you are entitled to calim a share in the proerty as successor to her .

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