How to challenge the will given by my aunt towards her brothers

I would like to know the options we have for the following case. My Aunt expired 2 years ago she had an apartment on her name which was purchased by her husband and no legal heirs she had written this property in 2004 in a will to her two brothers (one my dad) who promised to take care of all her expenses. But the other brother who resides in US has never helped her in any way while she was alive in any expenses even before she dies expenses for her hospital and cremation which amounted to 10 lakhs was not shared. Is there any way in which we can allow the property to be registered.

Answers (2)

287 votes

the only way is to register the property is to settle matter with your father's brother
and obtain no-objection certificate from him and register the property in your father's name
with the help of will.
you can explain to him by showing all the expenditure that you incurred towards your aunt.
in the absence of any clause in the will with regard to the will, you can claim the expenditure
from your father's brother share by way of filing civil suit against him.

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326 votes

Since it is will made by your aunt in favour of her brothers, her brothers should have ideally got the will probated.
Once the Will is probated the property will devolve on both the brothers irrespective of both their contributions.
However the brothers can reach an agreement amongst themselves to register the property in favour of one brother.

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