Legal Question in Civil Rights Law in India
hi my father has made one registered will in year 2004 in my sister's name. now my father expired in june'13 and i was not aware of the will. now my sister is showing me the will. can i challenge the will. my sister is married and after marriage also she was staying with my father.
3 Answers from Attorneys
26.07.2013
Dear Sir / Madam,
It is pertinent to mention her that the son / daughter who takes care of the parent(s) in their hour of need becomes the heir to the parent's property. In your case, since your sister has taken care of your father till his demise, she will certainly enjoy a privilege and preference over you in your father's property. Though your sister will have to obtain a Probate on the Will, instead of challenging it in the Court, you should amicably resolve the issue with your sister requesting her to give you whatever she feels as a fair share of your father's property. (Reply No. 503).
Regards,
You can challenge the will within three years from the date you gained knowledge of existence of the will.
Thanks and Regards
Adv Rajiv
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