Registered will
gaurav chaturvedi
(Querist) 07 February 2014
This query is : Resolved
Dear Sir,
My deceased father has written a registered will in which he has given all his property to me and my brother.
I have followed the procedure of filing a case of property transfer in the tehsil and they have given me 35 days waiting period which is due on 7th march 2014.
Now my father had married twice. we are the children of the younger bride as the elder one didnt have any child with him.She lives separately from my father since 30 years
Can she challenge the registered will in this case. If yes then how? Is she a beneficiary anyways?
ajay sethi
(Expert) 07 February 2014
your step mother is one of legal heirs .if your father has not made any provision for her in will in case you apply for probate notice will have to be given to her . if she files caveat then testamentary petition will be converted into testamentary suit .
you have to prove will was executed by your father and duly attested as required by law .
gaurav chaturvedi
(Querist) 07 February 2014
Thank you Sir,
But i still want to know that what will happen once it is proved that the will was executed by my father and duly attested as required by law .
Regards
gaurav chaturvedi
T. Kalaiselvan, Advocate
(Expert) 07 February 2014
The Will is valid and your step mother will not be entitled to claim any right or share in the property bequeathed by your father through his Will. kindly probate the will through a District and sessions court within your jurisdiction. In the probate petition, on receiving summons she will come to contest the same staking her claim, but prove the testamentary evidence.
ajay sethi
(Expert) 07 February 2014
once it is proved that will was executed by your father and attested by 2 witnesses you will get probate . your step mother wont have any claim on the property bequeathed to you by your father
Rajendra K Goyal
(Expert) 07 February 2014
You have not mentioned whether the property i.e subject matter of will was self acquired property of your father or was an ancestral one.
If it was ancestral your step mother has right in the property.
gaurav chaturvedi
(Querist) 07 February 2014
Dear Sir
Yes. The property is ancestral. My father had been paying a stipend of rupees 2000 to her as ordered by the court.
As she has never called us and she didnt even call us when my father died and neither did she come to see him, she has no moral right over the property.
How can I stop her? What can be our positive points?
Regards
Gaurav Chaturvedi
