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Mother transferred the property to brother's name sister wants share
08-Nov-2023 (In Property Law)
Dear Sir, if a brother transfers a will from the mother on his name. Will the sisters won't be able to get any part of that property?
Assuming that there shall be no provision for the sisters in the WILL-
The sisters may or may not get any part of the property depending upon the fate of the Testamentary Litigation which would definitely arise in your case.
If the brother obtains a WILL from the mother, he will not become the owner of the property instantly.
After the demise of your mother, he shall have to apply for the grant of probate of the WILL before the District Judge/Delegate's Court and the sisters will get notice from the Court for appearance and objections, if any.
If your appear in the Court and give consent or support the WILL, probate will be granted to the brother and the sisters get nothing. Or else, the sisters may challenge the WILL and contest the case further accordingly.
If the WILL proves to be an invalid document, probate will not be granted to the brother and then the sisters can definitely have something to cheer upon. The property shall become a subject-matter of partition.
The sisters may or may not get any part of the property depending upon the fate of the Testamentary Litigation which would definitely arise in your case.
If the brother obtains a WILL from the mother, he will not become the owner of the property instantly.
After the demise of your mother, he shall have to apply for the grant of probate of the WILL before the District Judge/Delegate's Court and the sisters will get notice from the Court for appearance and objections, if any.
If your appear in the Court and give consent or support the WILL, probate will be granted to the brother and the sisters get nothing. Or else, the sisters may challenge the WILL and contest the case further accordingly.
If the WILL proves to be an invalid document, probate will not be granted to the brother and then the sisters can definitely have something to cheer upon. The property shall become a subject-matter of partition.
Helpful?
14+
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Adv. Abhijeet Mazumdar
Kolkata | 25+ Answers
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Madam
Will is a testamentory document. Where the last wish of the testatestator is to be consider by the court.
The court wiĺl see the will has been drawn by free will or not. And no fraud and collusion has taken place.
If your mother is alive then ask her to send a letter to your brother that the will drawn on such and such date in his favour stand cancelled and send copy to the witnesses and you by registered post. All the letters must be send by registered post.
Thanks.
Will is a testamentory document. Where the last wish of the testatestator is to be consider by the court.
The court wiĺl see the will has been drawn by free will or not. And no fraud and collusion has taken place.
If your mother is alive then ask her to send a letter to your brother that the will drawn on such and such date in his favour stand cancelled and send copy to the witnesses and you by registered post. All the letters must be send by registered post.
Thanks.
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24+
24+
Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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Dear client,
As per the details given by you I would like to say that your question is not clear to be properly answered , if you mean to say the if your brother is appointed as executor in the will then your brother is only entitled to disburse the property amongst the beneficiaries and you will surely get if you are beneficiaries and if you feel that something is wrong then you can file objection against the same .
As per the details given by you I would like to say that your question is not clear to be properly answered , if you mean to say the if your brother is appointed as executor in the will then your brother is only entitled to disburse the property amongst the beneficiaries and you will surely get if you are beneficiaries and if you feel that something is wrong then you can file objection against the same .
Helpful?
17+
17+
Adv. Vikram Ojha
Kolkata | 200+ Answers
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