Husband did not leave any share for me in his Will. What to do?

My husband expired in 2008 with a registered Will giving most of the property share to two sons and a flat to 3 daughters and nothing for me. One portion of my his property is ancesteral and other is a shop in a Govt. market.

My sons don't want to keep me with them and I stay with my youngest daughter. They are giving me an amount of Rs.12,000 per month. They are not ready to give my daughters' share to them and not ready to give me any share in the property.

I have no other source of income. Please help.

Answers (1)

116 votes

At the outset we would like to inform you that you can always challenge the Will of your late husband on several grounds like Forgery, incapacity, etc. to name a few. If there is any other Will of your late husband with you, registered or unregistered, which bequeaths the property in you, you can always file a Probate case before the Hon'ble Court.

You can also file a suit for Partition seeking your share in the property of your late husband and can get an injunction order against your sons for not disposing off the property.

For your daughters' share, you have mentioned that the flat was given to them by your late husband vide his Will. What you have not mentioned is that who has the physical possession of the flat? Is it with your sons? In such a case, they have to file a Partition Suit or get the Will Probated, so as to initiate action for the injustice meted out to them by their brothers.

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