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Will written by my mother seems unfair what can be done


30-Oct-2023 (In Family Law)
We are (Hindu) 7 members Father(Rtd pensioner), mother (late), my self son married, working in a pvt co. at chennai - one son; followed by 4 sisters. all natives of Rajahmundry.1st one divorsed stayed with my mother; 2nd. Married - 1 daughter; 3rd. Married but no more - 1 daughter and 1 son; 4th married - 1 daughter and 1 son. Mother left a will written by notary..three houses in the name of my mother were given to my sister(divorced) leaving others with nothing. There is no consent from father, my self. Will/notary was witnessed by maternal uncle and aunty. Now my sisters don't want to give me copy of will and not revealing any details.I am feeling decieved. My father supporting will. I am contending for equal portions to all incl. 3rd sister who is no more. Pls advise.
Answers (1)

Answer #1
526 votes
HI
The WILL without probate is useless.
The WILL has to be compulsorily probated in court of law.
it appears that the WILL is a fake will as
a) Witnesses are relatives and hence not independent witnesses.
b) It is highly unlikely that all the properties are vested with 1 person and others (1 son and 3 sisters (including a deceased sister) are excluded from the will.
You should file a suit for partition in the court and the WILL will automatically come out of closet and facts proved in your favour
Hope this information is useful

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