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Mother and sister made false Will. How to get share in that property?


30-Mar-2023 (In Wills / Trusts Law)

My father died recently. I came to know that a Will was made in favor of my mother and sister.

But the problem is my father was paralyzed for a few years and could not have been able to sign the said Will. Now my mother and sister are not allowing me to enter the house.

How can I get my share in the said property.

Answers (1)

Answer #1
329 votes

Issue legal notice to your mother and sister through an advocate that after your father's death you have 1/3rd share in property.

That inspite of being aware that you are 1/3rd owner you are not being permitted  to enter the house.

Also file a suit for partition. Pending hearing and final disposal of suit you can request the court that you may be permitted to reside in said house.

In case your mother /sister rely upon the alleged will made by your father they will have to apply for probate. Both suits will be clubbed together.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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