will

Guest (Querist) 10 December 2010 This query is : Resolved
Dear Sir,

My father made a will. my Father died 2years back. He divided our city property to 4 brothers and villege property to 5 brothers. can the 5th brother challenge that will. We have 3 sisters also they have given the affidavit that they have no objection in any of this matter.
Actually sir we are taking loan against property in the city, and bank lawyer want the affidavit from all the brothers and sisters. But we told them that we all do not have good relation with 5th brother and even his name is not in the city property.
So is it necessary.
So please guide us it is very urgent

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R.Ramachandran (Expert) 10 December 2010
Whether the properties in question is your father's self-acquired properties or ancestral properties (i.e. properties received from grand father etc.)

Guest (Querist) 10 December 2010
Thanks for your reply sir.

property was owned by my father, it was self-acquired.

Arvind Singh Chauhan (Expert) 10 December 2010
5th brother has no right as being self acquired property in case of genuine will.

R.Ramachandran (Expert) 10 December 2010
If it is the self-acquired property of your father he can give the WILL in any manner that he likes. No body can challenge the will stating that they have not been given equal share. But one can always challenge the Will on the allegation that the same was obtained by fraud, coercion, undue influence, pressure etc.

s.subramanian (Expert) 10 December 2010
yes

Advocate. Arunagiri (Expert) 10 December 2010
I agree with Mr.Ramachandran.

Kirti Kar Tripathi (Expert) 10 December 2010
i also agree with Mr. Ramachandran

Advocate Bhartesh goyal (Expert) 11 December 2010
I also agree with Mr.R.Ramchandran.

Arun Kumar Bhagat (Expert) 11 December 2010
I also agree with Mr.R.Ramchandran.

Sri Vijayan.A (Expert) 12 December 2010
Being the city property, you may have to probate the will.
Try to convince ur 5th brother, otherwise it may become suit.

Devajyoti Barman (Expert) 12 December 2010
yes

malipeddi jaggarao (Expert) 13 December 2010
In the will it would have been mentioned clearly that the property was self-acquired. Bank lawyer need not insist for the signature of 5th brother as he did not get any share in city property by your father's will. You can well explain the position to the bank's lawyer.

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