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Son claiming property on basis of unregistered will can sisters claim?


22-Jan-2023 (In Civil Law)

SON IS CLAIMING A PROPERTY BY A WILL OF HIS FATHER WHICH IS UNREGISTERED. THE OTHER TWO SISTERS WANTS THE PROPERTY TO BE DIVIDED EQUALLY. HOW TO HELP THE DAUGHTERS?

Answers (2)

Answer #1
608 votes
The sisters (daughters) can file a partition suit seeking heir rightful and legitimate share in the property left behind by their father. Let the son claim that he acquired the property through a Will, the Will can be challenged and the son may be asked to obtain grant of probate of Will if he says the Will to be genuine.
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Answer #2
586 votes
If the WILL is genuine, even if it is unregistered, daughters claim may fail. If the WILL was executed or property is situated in a Metorpoliton Cities Like Chennai the WILL should have been probated validating the WILL. If the daughter's have any doubt on the WILL they could very well file a suit for partition challenging the WILL also.
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Advocate Saravanan Dhandapani

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