Legal Question in Wills and Trusts in India
In Mumbai, India, if according to the father and mother's Will, if they have given their entire property to their son, is it necessary to read or provide the copy of the Will to the other sisters of the son ? If the Will is not probated and it has been more than 19 years and 13 years respectively since the parents died, can the sisters still raise an objection now if the property has already been transferred to the sons' name?
3 Answers from Attorneys
You should have probated the will. Still your sister can't raise a claim if the will is genuine and executed by the executor of their free will and consent.
Probate is necessary if there is a dispute and not otherwise . Yes sisters can raise objections because the will gets operative after the demise of the testator and now your parents are no more and they have been sidelined in the will with regard to the property.Try to settle the dispute ,if any ,with your sisters.
in case the property is already transferred on the strength of will and so many years have passed, now nothing much may be done by sisters.
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