Legal Question in Wills and Trusts in India
my mother has left a will in which she has left the flat in name of my brother and my mentally retarded sister.she left me nothing.The flat however was bought from my fathers sole earnings.
My brother has not probated the will,more than 1 year has passed since my mother expired.In the meanwhile he has given the flat on rent and earning good rental income.
what are the options open before me?
1) challenge the will?
2) partition suit?
3) any other remedy.
1 Answer from Attorneys
did your father execute a will in favour of your mother? if not, then who can she execute a will. after your father s death, your mother and all you brothers and sisters are having equal right. she can execute the will only of her own share. you may challenge the will in case she did not get property through a will executed by your father and also file the partition suit and seek injunction against the property so that it cannot be sold to third party. you can also claim the rental income.
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