Legal Question in Civil Litigation in India
Ref: trF5Ga1bZQ
Thanks to all the learned attorneys for useful guidance.To add more details to my question my wife's elder sister,her mother,father and elder brother are the signatories to the deed.The younger brother died before execution of this deed unmarried.My wife,her sister and their mother now finds themselves cheated because the story was told to them that this deed is being executed for income tax purpose.The brother also got executed "Will" of mother & Father in favour of his son for all their share same day.Now the behaviour of brother and her wife towards mother is quite unfair.They have also banned the entry of the two sisters in their home.The three affected ladies are of the view of cancellation of the said partition deed.My further querry is that
"Does joint appeal of the three ladies will reinforce the cause of cancellation of the said partition deed?"The father ofcourse although not happy with execution but doesn't want any such move for the sake of his reputation.
1 Answer from Attorneys
If the mother is alive then will of the mother has no value as it becomes operative after the death of the testator . You wife and her sisters can file a suit and challenge the deed as forged one and can revoke it.
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