claim overproperty conveyed through will

sundar (Querist) 22 August 2010 This query is : Resolved
sir/mam,

my father purchased a house of his own earnings in 1985. he made a registered will on 6.7.2006, favouring me(his 3rd son) alone,neglecting his only daughtr and other two sons considering my spendings over the family. he died in 2009. Now, my brother and sister are thretining me for claims over this property. Is it possible?

sundar

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Devajyoti Barman (Expert) 22 August 2010
Your father has not done anything which is not legally sustainable but at the same time , yes, your siblings can create problem. As your father instead of making a gift deed have executed a Will, to enforce it you have apply for probate where your other brothers and sisters appear and challenge the execution of the Will. But keeping in view of the registered Will and presuming sound physical and mental condition of your father when he executed the Will, they have got a bleak chance to nullify the Will.

s.subramanian (Expert) 22 August 2010
You need not worry. Your father's will will stand proved and justified.

Rajeev kulshreshtha (Expert) 22 August 2010
Yes the WILL shall stand but you cannot stop your brother- sister to challenge it in that case you have to prove the WILL.

Chanchal Nag Chowdhury (Expert) 22 August 2010
U have to obtain probate of the Will first. Your brothers and sister can challenge the probate proceedings but the onus/burden of proof lies on them to prove that the will is a sham/improperly procured.

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