Legal Question in Wills and Trusts in India
Transfer of property
my father has purchased a house in the name of my mother under a registered sale deed.my mother is housewife.my father has four sons.he has expired.my younger brother has executed a will in his favor and obtained the sign of my mother and got it registered without the consent and knowledge of any of the brothers.my mother also expired.is this will valid will.my mother was illiterate.now he wants to throw all the three brothers out of the house on grounds of will.is this will a valid will can my mother has a legal right to execute a will.Can this will be challenged in the court of law
4 Answers from Attorneys
Re: Transfer of property
Based on limited information provided by you - I can say that you may be able to challenge the will, if you can prove that the source of funds to buy the house was from your father and he intended to create only life interest in favour of your mother.
Please contact a local lawyer with relevant papers.
Re: Transfer of property
The facts enumerated are vague. However, from the limited facts, I am of the opinion that you can challenge the Will executed by your father on the ground that the property was purchased in the name of your mother from the funds of your father and also state that your mother was a beneficial owner. However, a more conclusive and cogent opinion can be given if the facts are in full.
Re: Transfer of property
As per ur explaniation the property is a benami property, and the same could be said to have held on behalf of the entire family. Hence the mother did not had any right to execute the will in favour of your younger brother more then her 1/5 share (considering you four brother and herself as legal representative of ur father).
Remedy : You can file a suit for temperory injunction & partition in the civil court.
You can be personally guided for the same. Contact: 09426482371
Re: Transfer of property
From the limited information, I find if you can prove your statement you can challenge the Will and there is a better chance of sucesses.
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