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Can i claim share in property if my name not mentioned in will


22-Mar-2023 (In Property Law)
MY FATHER EXPIRED ON 26.4.2004 AND LEFT THE WILL YEAR 2002. IN THE WILL MY NAME IS NOT MENTIONED. TILL TODAY WILL NOT PROBATE. PLEASE LET ME KNOW THAT THE AM I ELIGIBLE FOR SHARE IN THE PROPERTY. AFTER THE DEATH OF MY FATHER, HIS BANK AMOUNT IS TRANSFERRED TO MY MOTHER ACCOUNT. I HAVE SIGNED IN THE BANK FORM. IT IS MENTIONED HERE THAT THE DEMISE PERSON NOT LEFT THE ANY WILL. I REQEUST YOU THAT KINDLY GIVE ME LEGAL OPINION.
Answers (3)

Answer #1
781 votes
Hello,
For the query you posted, i would advice the following:
In the occasion of not having your name in the will, you can either question its authenticity or go for other legal means.
With regards to the bank account, it shall be dealt with the division of assets left by your father.
The facts as you have provided are very limited to explain any further.

In the limited facts provided, i hope this answers your query.

Best
M. Faris
Advocate
Answer #2
809 votes
If the said property is ancestral in nature (for immovable property) then you are eligible for claiming your share in the property as a matter of right, you will have to file a partition suit for that purpose. Also, for the benefits from your father's employment i.e, GPF, EPF etc, legal heirs of your father are eligible for getting the equal shares of such benefits
Answer #3
821 votes
You have not mentioned as to in whose favour the property and assest have been bequeathed by the Will. Further the Will needs to be examined to answer your question properly. You may prima-facie seek succession by challenging the Will. For details and or legal help if you so desire may contact through this website.

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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