legal right of married daughters after registered will

ashishsingh (Querist) 06 October 2009 This query is : Resolved
Sir,
My Mother's father died in may 09 leaving behind a registered will for all movable & immovable property in favour of his younger brother's sons. My mother had only one sister and not nay brother. My mother is getting treatment from woumb cancer. Her father had not given any penny of his earned income to both daughters. Now she can file a civil suit against regsitered will and get her rights individually.

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Sachin Bhatia (Expert) 06 October 2009
If the property mentioned in the will is ancestral then your mother and your mother's sister can claim there share in that property. Apart from that you can also challange that will.

A V Vishal (Expert) 06 October 2009
As suggested by Sachin, clarify whether the property is ansectral or self acquired property of your grandfather, in case of former there are hopes that you regain his property but otherwise the answer is simply no, as told by you the will is registered so there is no hope of reclaiming it back by challenging the will if the property is your grandfather's self acquired one.

adv. rajeev ( rajoo ) (Expert) 06 October 2009
if the properties are self acquired property of your grandfather then your mother is not entittle to claim the share.
If they are ancestral then in the grandfather's share ur mother will get definately.

Bhushan V. Kale (Expert) 06 October 2009
I agree with Mr. Sachin. However you can challenge the will, subject to any suspicious circumstances covered by will.

Raj Kumar Makkad (Expert) 06 October 2009
I agree with Sachin n Bhushan Kale. Challenge the will and change of ownership on that ground on various available grounds available. Better u engage a competent local lawyer and act as per his opinion.

n.k.sarin (Expert) 06 October 2009
Mr.Ashish I agree with the opinion of Mr. Bhushan.no doubt your case is depend on suspicious circumstances and I think the suspious circumstances is there.I think for the exact advice you must mention some more details in your query such as what is the age of your father at the time of executing the said will and what is the reason given in the will, making will in favor of his younger brother's son? and what is the mental and physical state of your father at that time.and what is the date of death? from all these factor and other relevant facts one can find out point to challenge the will in the court of law.The facts as narrated by you in your query gives clear indication that there is something wrong.