will

Querist : Anonymous (Querist) 30 October 2009 This query is : Resolved
sir

the house is owned by my late father and late mother jointly.

Due the respec of my parents i have'nt got the property mutated and kept in my parent's name.

The hose was given to me by oral will of my parents. I am in 100% possession of the said property.

Few days back:
I got a comunication for my 2 bros

that they have a will of my late father ,executed in favour of all 5 brothers.

Excluding sisters and the winesses on the said will are these 2 brothers only.

The will was executed 30 years back. it is said to be a registered will (registed in another city)

In the will the address of my father is shown as another city(where the will is executed and registed).

Actually my parents lived with me in our city till demise and the city the will is registed by may father (only) and not my mother and that to in another city.

The will was never brought to light of the daly for last 30 years.

What is the legal strenght of the will should my brothers file suit for probate on will or partition of property.

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Shashikant V. Patil (Expert) 30 October 2009
You can challenge the will in the court for its authenticity or you can take objection in public notice when your brother file suit for probate, court orders for the public notice for receiving any objections.

A V Vishal (Expert) 30 October 2009
First of all the legality of the will should be checked, if the will is registered then there will be some evidence of it's registration. Secondly, Under the Law of Succession there is no time limit to get the will probated. You need to prove that your parents never resided in the city where it is executed. Only after going through in detail further advise can be provided based on the existing dispute. It is advisable to contact a good local lawyer in your city.

Sachin Bhatia (Expert) 30 October 2009
You have every right to challenge the will in the court. There is no time limit to get the will probated. You have to prove in the court that your parents never resided in the city where it is executed.