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"WIll"

Querist : Anonymous (Querist) 20 April 2010 This query is : Resolved 

my question to all experts, one of my sister
is planning to challenge "will" left by my mother, rest of us brother and sisters are do not have any doubts (obviously its in our favour), but the sister who is claim'g her right in self earned property of mother, wants to spoil our precious time , as forensic examination takes over an year, one of the witness to will is dead ,now other witness and the deed writer himself is alive ,it's a 35 will year old unregistered will.
how can we save our time. what are legal provisions that can help us , in this regard!
Raj Kumar Makkad (Expert) 20 April 2010
Convince your sister and satisfy her to save your time and energy.

Your sister has no right, title or interest over the self acquired property of your mother willed out in your favour. Will has to be proved by you and it can very well be proved by you on the basis of statements of living witness and writer without sending it to foresnsic lab.
Bidhan Dave (Expert) 20 April 2010
You have not mentioned when your mother had died. The will may be 35 years old but it will be used only after the death of your mother. If your sister had knowledge about the will in your favor & yet not raised any objection for many years in that case she can not be successful. In any event no court & no Law will prevent your sister to claim her right if any
Querist : Anonymous (Querist) 20 April 2010

Dear, mr. dave mother died in jan 1975 , and will was written about a month before she died, all of us were working outside the town and there was no dispute of any sort so, it actually came to the knowledge of brothers and sisters after about 3 years of demice of mother. everybody since then was knowing the content of the will, but the sister who is claiming her share is saying she was not knowing that there was any will.



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