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Validity of will
24-Feb-2023 (In Civil Law)
My mother and father got separated without divorce. My mother is gone for second marriage to another man (for him this is second marriage too). My step father is looking after us with love and affection . My step father had written a will to my mother about ancestral property (got from his grand father ) before his death . This will is registered by sub registrar with witness (one of witness is my step father's brother ). My step father's 1st wife's son is not allowing us to occupy the property given by my step father , how to proceed on this case . Pl help
If you have derived any property through will and if someone is not allowing to occupy it and your title is denied then you can file a suit for declaration and possession before the jurisdictional court.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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Helo..your step con't right a will because it's ancestral property and one more your mother divorced with your step father , on this basis will is Invalid...but you have one more chance possible to take posission...contact us v guide you thank you
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Adv. Vedashree A
Bangalore | 500+ Answers
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you can definitely file a suit for declaration on the basis of the will executed by your step father. further please confirm the date of death of your father for clarity. when the will is executed, it is always tainted with suspicion under law. as such the witness to the will should be in your favour. as per the facts narrated by you, it is clear that there was no divorce between your mother and the father. this may be little tricky however if you can sit and discuss, probably we can find a solution for you.
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Adv. Anantha Kumar
Bangalore | 100+ Answers
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This will is not valid as a will can cannot be made on an ancestral property. It can only be done on a self acquired property. And now you have to file a case of probation in the court.
And challenge the opposite party.
And challenge the opposite party.
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Adv. Varun Papireddy
Bangalore | 100+ Answers
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love and affection . your step father though had written a will to your mother it is with regard to his ancestral property that he got from his grand father. though the will is registered by sub registrar with witness of witness is your step father's brother, his 1st wife's son has right over the property. You have a difficult case.
If the property is a house then your mother has a right of living there. You dont have much chance.
If the property is a house then your mother has a right of living there. You dont have much chance.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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