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amit (law student)     26 November 2010

challenge a will


my father died intestate, my mother died making a will leaving the property to my sister and my mentally retarted brother.The flat was bought from my fathers own earnings.

My mother did not buy the flat but bequeathed it from my father.My sister is not probating the will lest i should challenge it.

what should i do?

1) Challenge the will.

2) file partition suit.

30 any other remedy.


 5 Replies

Suchitra. S (Advocate)     26 November 2010

1. Challenge the will.

Viswanath (Student)     26 November 2010

Please be more specific, you say father died intestate, how can the mother get the property?

 the will  can be challenged, as father died intestate, and the mother has no right over the whole of the property.

girishankar (manager)     27 November 2010

Dear Amit,

your mother can write a will a of her share in the property .i:e 1/4th of her share not whole property of  your fathers.

I am right Ms Suchitra or wrong pl let me Know.


girishankar (manager)     27 November 2010

Sorry Amit I didnt go thru the flat but bequeathed..  Think Think Think & Challenge Challenge Challenge

Suchitra. S (Advocate)     27 November 2010

After the death of father, his self earned property has to be divided among the legal heirs of first class. i.e., wife and children equally. S, 1/4th share to each.

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