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Sumit Arya   25 October 2021

Property dispute

hi professions,

my father had a total property of 494 sq yards. we are two brothers and four sisters. my father passed away in 2018

1. he gave 165 sq yards to his elder son. elder son have registered his property in his name

2. he gave 204 sq yard to his younger son (myself) through a stamped Will. but the property found out to be 186 sq yards.

3. the property adjacent to my property is the third property on which a will has been made in the name of all the siblings. the property is 143 sq yards but in Will it is written 125 sq yards. 

referring to point 2 and 3 my 18 yards ( 204-186 ) has gone in the 3rd property ( 143-125 ).

now I being the younger son is demanding back my 18 sq yards but all the siblings are not in consent with me and instead they are threatening that they will go legal and will take share in my property too because it is still not registered in my name.

question1: can they challenge my will ?

question 2 : can a stamped will by my father be proved fraudulent. one of the witness in my will is my brother in law ( my sister husband )

question 3  should I go for registration of my property in my name 

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2021

You need to firstly file a probate of the Will before the High Court or civil court depending on the jurisdiction, thereafter the court will issue notice to all the legal heirs and ask for their no objection, when all the heirs have given their no objection to the Will , the court will issue a letter of administration ...

G.L.N. Prasad (Retired employee.)     26 October 2021

Contact a local advocate and get confirmation as to whether probate is necessary for the will, and proceed as per will directions.  Forget about minor differences of 18 years and do not spark any disputes at this point in time.   It is not that easy to challenge a will as the verdict may come after several decades of validity.  No one wishes to go to court unless compelled and it may be an oral 'threat'.  Forget not long-standing blood relations are important and ignore minor differences of few thousand.

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