Shaikh (service) 12 February 2014
My father had made a will in the name of my step mother and died last year, I am the son of first wife of my father.
The property is not self earned. It is transferred from my grand father. In his will he has not mentioned about First wife and her children.
Can I file a Probate against the Will of the Father?
Within how many months I have to file Probate.
Adv Archana Deshmukh (Practicing Advocate) 12 February 2014
Probate is not filed against the will of your father. Your father can legally make only in respect of 1/3rd of his property. So, if the will is made in respect of the whole property then, you can challange the will in the court.
Anjul Kumar Jana (Lawyer) 04 March 2014
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I want to know that why father cannot make will for his full property? Whether 1/3rd is universal or in any particular case?(Plz. sec./ref.) |
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Probate is not filed against the will of your father. Your father can legally make only in respect of 1/3rd of his property. So, if the will is made in respect of the whole property then, you can challange the will in the court. |
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Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075) 27 May 2014
In addition to what is suggested by Adv Archana, you can file heirship / succession certificate in District court of your area.
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