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share on father's property
15-Aug-2023 (In Property Law)
Sir, I would like your answer on the following.
My father is planning to make a will on his proertt and he wants to give abt 90% (by value) of proerty to my brother. All my father's property is inheritted from his mother (my grand mother). we are two children. I am femal. Myself & my brother are both married. Is this "WILL" will be valid? Can I challenge this in court?
Thanking yoh in advance.
Hello Ma'm,
First of all kindly let me know if you are a Hindu or Muslim because the personal laws are different.
If you are a Hindu, then you have Equal rights to your Father's property as per the Amendment in 2005. So you can also Challenge the said WILL in the Court.
And if you are a Muslim, then you shall inherit One Third of the property compared to your brother inheriting Two Third of the Property.
First of all kindly let me know if you are a Hindu or Muslim because the personal laws are different.
If you are a Hindu, then you have Equal rights to your Father's property as per the Amendment in 2005. So you can also Challenge the said WILL in the Court.
And if you are a Muslim, then you shall inherit One Third of the property compared to your brother inheriting Two Third of the Property.
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Adv. Kamran Shaikh
Mumbai | 100+ Answers
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this property is belong to coparcenery property. ur father had no power to execute any Will for above said property belonging to his mother actually ur father and his wife and children's are legal representative of above said property.
therefore u can definitely challenge Will. cause will not valid is illegal
for declaration, possession, permanent injunction
and setting aside will deed
therefore u can definitely challenge Will. cause will not valid is illegal
for declaration, possession, permanent injunction
and setting aside will deed
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Adv. Nilesh Y Thengre
Nagpur | 100+ Answers
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