Legal Question in Wills and Trusts in India
Dear Sir,
We are three brothers and three sisters. All sisters are married and one brother stays separate since his marriage. Our father was stay with us (remaining two brothers both we married ). He had a property since 1987 where we stay now. He Died in may 2010. We have a registered will made by my father in 2003. According to will the property in the name of me and my brother who stay with me. We made mutation in the name of me and my brother through the will after the death of my father. I want to know can the third brother challenged the will or my sisters can do it. All our relatives and society knows that we are( me and my brother ) stay with him since beginning. Or if he challenged, can he will get any right on property.
3 Answers from Attorneys
Yes your brother and sisters can challenge the will .But whether they get the property or not depends on various issues which would need detail discussions.
in case the will is genuine and the property was self acquired by your father, the challenge to will may just buy time but the result may be negative.
1) was it your father's self acquired property
2)will has to be genuine
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