Can a registered Will be challenged by 2 brothers

We are total of 3 brothers and 3 sisters. My mother passed away 2 years back. She did a vasiyat in only my name in 2012-13, because the shares were already given to my 2 brothers. But after she passed away, my brothers refused to sign and agree to get it transferred to me. So, I did a case in Tehsil court. In around 6 months Tehsildar gave decision without hearing any gawahis, that it should be divided into all 6 brothers and sisters. I am sure that my brother gave bribe to the Tehsildar, and within 2 days all their names were listed in Khasra. Now, I did case in Nyayalaya(Hoping of no bribe here). Now the issue is with the court. My brothers claimed that my mother was not well and I forced her to sign the will. But that's not the case. Since she already divided and shared her property to all 3 of us. They have transferred it in their names but left over property given to me was in my mother's name, I only took care of her. To get the justice, what should be my next step?

Answers (1)

290 votes

I think you have already filed the probate case in court. So for getting your share given to you by your mother by registered will, you should fight the probate case with caution. Registered will can be challenged. So by proving your case you can get probate of will from court. After that you will be the owner of the will property. Adding names of all legal heirs in the Khasra will not affect your case because the Khasra record is not a proof of ownership.

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