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ashishsingh (accountant)     27 September 2009

judgement of supreme court on registered will

Mother's father died after making a registered will in favour of his younger brother. Father had had only two married daughters. Will they both can claim her father's property and will get their share on his father's earned property also.



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 5 Replies

Sachin Bhatia (Advocate)     27 September 2009

If the the property of your father is self acquired property than he had every right to dispose it. He can make WILL of his self acquired property. But if the property mention in the WILL is ancestral than you can challenge that WILL on this ground, you have every right in your ancestral property.

rajvinder singh (advocate)     27 September 2009

after making of will and giving all the property to younger son leaves no room for the daughters to get the property. as replied by sachin u can file a siut for declaration .

rajvinder singh (advocate)     27 September 2009

sachim please provide any judgement also

Ranadeep Sinha (N.A.)     19 October 2009

In my opinion when Probate proceedings of a Will (registered or unregistered) is filed, then only the validity of the Will is taken into consideration. It means the Court checks whether the Will bears the signature of the propounder, whether the attesting witnessess were indeed present at the time of execution of the Will. But the title of the Property being transferred through the Will is not a subject of adjudication before a Probate Court. In your case your mother and her sister can definately challenge the validity of the Will in the Probate proceedings but not the bequests contained therein. But the title which your father's younger brother shall accquire after the Probate of the Will can be challenged vide a Title Suit before a Civil Court.  

vetrivelan.s (Consultancy )     04 November 2009

i agree with Mr.Rajvinder singh at the same time as for the Mr.Ranadeep sinha`s reply in my point of view,  if the will is probated after the proceedings and found valid then, it is not advisable to seek any remedy.


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