Legal Question in Civil Rights Law in India

23.05.2012

Dear Madam,

A Will to be valid must be signed by the maker (Testator) in the presence of two witnesses, who must also sign along with their name and address clearly mentioned on the Will. It is a misnomer that a Will has to be registered.

If your father has willed the property to your brother and he has been named as the Executor in the Will by your father, your brother will still need a Probate from the Court for execution. At the time of the Probate, the Court may serve notice on all the legal heirs to remain present in the Court for the hearing. You may challenge the Will then.

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Regards,

if it is your father s self acquired property, then he can execute a will in favour of any one and you have no claim left but if it is ancestral property, then he can will only share only and not the entire property.

You will have no right if it is your father's self acquired property. However, if the property is ancestral, i.e. inherited by your father from his father or ancestors; or the property was purchased from money contributed by your father;s father or grand father, then you may claim a share.