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Can sisters question the will if they have no share in the property ?


04-Feb-2023 (In Property Law)
We are a Sikh family. Respected Experts, I would like to get legal advice for the below mentioned query. My father died at the age of 96 leaving unregistered will for self acquired property land and house. In the same he equally divided the land and house amongst me and my brother . I have two sisters for whom he gave twenty lakhs cash each and no share in the land or house to be given besides this. As per his last wish in the will, my mother was not given any share in the property and house since she is 93 yrs old and my father wished she shud stay in the same house with both son's to look after her equally. Upon his demise, when given to the revenue authorities for mutation of the land and house, my sisters gave an application questioning the will and asking for equal shares to them. As per them , the property should be dividedequal shares to them. As per them , the property should be divided in five shares including my mother to which my mother has strongly refused. Plz advice.
Answers (5)

Answer #1
553 votes
I have read and understood your query and shall be able to guide you well on this. However I need certain more details amd information so as to guide you well in this case as I specialise in succession and civil matters.
Answer #2
624 votes
you will have to file a probate petition in civil court, where the validity of will would be established. In the same petition notice will be issued to all the legal heirs who can file their objections.
Answer #3
527 votes
first apply for the probate, through which the execution of Will will take place, however it is not clear as you have not provided the details of will as to when it was made as for now your sister can claim her share in the property unless the probate is done.
Answer #4
712 votes
you have to file a petition for grant of probate in favor of both the brothers as per the unregistered will, you have to take the succession certificate from the court of District Judge.Your sisters are not entitled as they have got their share by way of cash from your father.
Answer #5
771 votes
you will need to prove the authenticity of the Will of your father in the case which your sisters have filed. i presume your mother and brother are on your side and will support your case. there is no bar in law from your sisters challenging the Will though. the most important thing is to have your mothers evidence recorded while she is still alive.

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