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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Wills / Trusts Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Wills / Trusts Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."