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Procedure to claim share in property for which will has been made


23-Feb-2023 (In Property Law)
MY brother has made my father will completely in his favour for all his movable and immovable property he had... I am the only sibling of my brother.. can I claim for the property share even if the will is in his name...I am Hindu by religion
Answers (2)

Answer #1
629 votes
You have file probate of Will I'm District Court, and if court grants probate of Will then in that case all the properties mentioned in Will be in your name. No any office or authority may take objection of Will thereafter.
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Answer #2
901 votes
If the property was self acquired of your father only then he could executed a Will in favour of your brother , even then you can chhalanged the Will by filing a suit for declartion in civil court where the property is situated. If your brother failed to prove the same you will get an equal share. If the property was acquired by your father from your grandfather then it is a ancestral prporty , you have share in the proerty and can claim the same as a matter of right.
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