Legal Question in Wills and Trusts in India
we are three sisters no brother after death of my father my mother made a will in that she has written the property will be divided equally among three the will in unregistered after that me eldest sister died of cancer. my second elder sister kept my mother in her house and forcefully made a gift letter from mother and transfer mother only flat in her name before two years before the death of my mother and took the possession of all household in it and gold of my mother refuses to give us the share. please guide us to recover my share. and what are the legal remedies with me.
2 Answers from Attorneys
Do you have the copy of first Will? Was it signed by all the sisters and other witnesses? The second Will can be challenged and only then can you recover your share. You have to be in constant touch for the resolution of your problem.
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Once your mother has executed the gift deed in favor of one person in her lifetime nothing can be done unless you can prove that your mother has no capacity.