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Father made handwritten Will now mother made another Will
16-Jan-2023 (In Property Law)
My father wrote a handwritten will in my name which was initialled by him in 2003 I did not get it registered then. Subsequently he died after after 2 days . My mother got the house transferred in her name subsequently . Now she has made a nomination and will deed of all the assets and the house in my brother's name How should I get the will executed as my father had mentioned that the house will be bequeathed to me after both of their death
You should file a suit for mutation of will. Only after that you will have the right to file a suit for declaration until and unless you will not go through this procedure I suggest it will be impossible for you to get benefit of that will in question....
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Adv. Siddharth Dev
Delhi | 200+ Answers
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Your father could not have made a will on behalf of your mother. The statement after both of their death is itself erroneous. Was your father's will signed in the presence of two witnesses. Even if it was not registered it could be enforceable. How did mother get the property transferred in her name? Technically all legal heirs should have a right. But if you would have given No obection then nothing much can be done. One needs to see entire documentation for giving a proper opinion.
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Dear client,
The property is equally divided among the legal heirs of the deceased .your mother can not transfer the property solely on her name until and unless you and your brother relinquish your rights.if she has done the same that means there is some forgery involved . Coming to the will it can be challenged at any point of time through a civil suit .
The property is equally divided among the legal heirs of the deceased .your mother can not transfer the property solely on her name until and unless you and your brother relinquish your rights.if she has done the same that means there is some forgery involved . Coming to the will it can be challenged at any point of time through a civil suit .
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Adv. Shadwali Singh
Delhi | 25+ Answers
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Sir you would have to file proceedinngs in court to probate the will of your father. You could do this assuming you have not given your no objection in favour of your mother for mutation or anything else .. plz feel free contact me for detailed discussion
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Adv. Vanshdeep Dalmia
Delhi | 100+ Answers
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In your case please try and understand that if you still have in your possession the letter written by your father then you have a good potential case. You must move for an objection on the registration of the will (not justifiable in law) being made by your mother. Do consult as according to the facts and situation in the current scenario would help assist you better with the recourse and proper forum.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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