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Division of Inheritance and dispute on availability of Will
13-Sep-2024 (In Property Law)
My FIL passed away in 2015 and my MIL passed away in 2023. All the assets were self-acquired by my FIL. Both the In-laws had made their "Will" (unregistered) bequeathing all their assets to the survivor with the right of enjoying the assets as the survivor wished. However, once they both pass away, all the moveable & immoveable assets to be equally distributed between their four daughters. The surviving elder daughter is claiming there is no "Will". How can this claim be challenged successfully.
An unregistered will is valid as a registered one, provided it is properly executed (signed by the Testator and witnessed by two witnesses). However, an unregistered will may be subject to a stricter scrutiny in court compared to a registered will.
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Adv. Sachin Mayekar
Mumbai | 25+ Answers
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