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Query on Property Distribution


07-May-2023 (In Property Law)
Were hv a family 4 brothers n 2 sisiters Father own some acres of land in rural area. While father was in last stage 1st n 3rd brother was nxt to him n had a property will while at last breath . After father n mother died. We all came forward for equal land distribution. 1st n 3rd showed the property will which shocks us. We went to court . We proove that the will was taken under pressure that too on his last days. Then some days after by emotional foolness from us. { was under financial crisis } Court order the distribution. Which was unequal n was according to will. Again. When was mentally stable. Realize that it has been a great mistake.. .. We decided not to make any signature on land distribution. And Now my 2 sons Still land distribution is Pending. All land is under 1st n 3rd brothers. How can get equal right ... Court order was in 1986.( still its valid ? ) What can i do.
Answers (1)

Answer #1
906 votes
In the presidency town like Bombay if a testator had made a will then it needs probate. Without probate, the will is not valid. you say that, u proved the will was taken under pressure and that too on his last days den the court ordered distribution. it depends upon what order the court has passed. And if you have not filed Appeal from the Court order which is of 1986 it is still valid unless and until you challenge that Order and it is quashed and set aside by competent Court of law.

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