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Will of the decesed

Komal Thakur (CA Final) (925 Points)

02 November 2013

Hello All...

I have a question....Seeking an early reply...

A person Say Mr. X is the owner of ancestral Property which he acquired from his father and fore fathers. all The property is in his name now... Mr. X has Three sons & two daughters. Now he makes a valid will, dividing all his property amongst his sons only.. Now after 5 years of his death his married daughters give court notices to his sons claiming their portion in the property..

My questions are: is this valid that they are contesting the will??? can they be given any portion in the said property??? are there any provisions that only father's property can be given to sons without any dispute and not of fore fathers???/

Pls provide me the knowledge about everything related to this ....

Any Case Laws Which could help me regarding this matter will be highly appreciated....

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1 Replies

Mihir (Wealth Manager) (5293 Points)
Replied 02 November 2013

Is the Will probated by the Court?

The court will need answers as to why they have decided to contest the Will after 5 years. Were the two daughters sleeping for 5 years? Just because they have contested, that does not make the Will invalid. If the court has verified the documentary evidence and other witness to the Will, the court may ask the legal heirs to either settle the matter out of court, or this case will continue for decades.

Deed of family settlement can be made among the legal heirs wherein the brothers may choose to pay their sisters equivalent amount of money of their share in the property. If family settlement does not happen, this case will continue for many years.