Natural heir and will


Hello Sir(s)  / Madam(s),

We are only  daughters (no sons) of my father. The ancestral property in the name of my father got transferred in the name of my mother after his death in 1964. My mother also died in 2008. Our cousins (our uncles’ sons) kept us in dark and got the property transferred in their names by unfair means. We came to know about this in May 2010.

Our mother had written a registered will to distribute the property equally among us daughters. On the basis of this will we had reclaimed the property in our names by contesting a case in tehsildar's court for the last 3 years.

Now our cousins have challenged the will in the civil court, giving following reasons:-

1.       1. That the will was written under influence of our husbands.

2.       2. That our husbands have signed the will as witnesses.

Please advise us on the following points-

1.      1.  How and who will prove that the will was written under influence?

2.       2. Is there anything wrong if our husbands have signed the will as witnesses?

3.       3. As we are natural legal heirs of our parents, Is not a sufficient enough ground to dismiss the case?

Ae       An early advise will be highly appreciated.

            Thanking you all in anticipation.

             Regards

R

 

 

A

 

A

 
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instructor

1. Was the property in the name of your mother ? 2. if yes, then had your mother after witnessed the will by two witnesses and registered the same in the sub registrar office ? 3. if yes ,:then their case will be dismissed by The court immediately . 4. if no, then It will take some time to prove you that the land was in the name of your mother which was transfered from yours father demise . 5. Yes , your husband can signed as a witness in the will .
 
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Dy Director

repeated

 

http://www.lawyersclubindia.com/forum/Natural-heir-and-will-91687.asp#.UnqTvifQzmk

 
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Thank you very much sir for valuable advice.

Regards.

 
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