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Can my sister challenge the Will or lokadalat court decree
12-Nov-2023 (In Family Law)
my father filed declaratory suit against my brother and made a registered will infavor of me and expired when case was in court then i bacame the party as per will and i got decree from lokadalat court for declaratory suit against my brother. now my question is does my sister have any right to challenge lokadalat court decree and registered will as well
HI
You were the legal representative of your father in his suit against your brother and the suit was decreed in your favour in your capacity as legal representative as well as individual by virtue of the will.
Since the will was the basis on which you were included as legal representative and in the said suit.
Not sure whether the will was probated by the court and if so ideally your sister should have been impleaded in the suit.
So your sister has the right to file the suit if she was prevented from being impleaded as a legal heir of your father in the said suit.
We need to know why your sister was not impleaded as a party to the suit or whether the court admitted you as a legal representative after probating your father's will.
You were the legal representative of your father in his suit against your brother and the suit was decreed in your favour in your capacity as legal representative as well as individual by virtue of the will.
Since the will was the basis on which you were included as legal representative and in the said suit.
Not sure whether the will was probated by the court and if so ideally your sister should have been impleaded in the suit.
So your sister has the right to file the suit if she was prevented from being impleaded as a legal heir of your father in the said suit.
We need to know why your sister was not impleaded as a party to the suit or whether the court admitted you as a legal representative after probating your father's will.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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