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can daughter challenge father's will for share of property


29-May-2024 (In Wills / Trusts Law)
i was born in 1959.My father died in 1988.My mother died in 2014.We are 06 siblings (03 brothers and 03 daughters).My father had made a will that my daughters are financially well (which was not true) hence property distributed among 03 brothers only.i want to know whether can i file a suit against my brothers for my share alone without my other 02 sisters?I am Hindu. what is supreme court judgments on self-acquired property ? can a daughter challenge father's will ?
Answers (2)

Answer #1
999 votes
Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act. But if you can show that father was not willing to execute such will but your brothers have create pressure upon them and obtained it by taking disadvantage of fact then you can challenge it within three years from your knowledge. If it is found that father was not in position to understand effect of deed or was pressurized by some one or was not in sound mind position then court can cancelled the will. You can file civil suit for necessary relief.
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Advocate Ajay Ashok Joshi

Adv. Ajay Ashok Joshi

LawRato Pune | 25+ Answers
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Answer #2
750 votes
Hello Madam, you can file to contest the validity of your fathers will. What is the current stage of the property ? Is probate already obtained on the will ? Is the will registered ? Depends on the current scenario an advice can be given
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Advocate Premmal Patel David

Adv. Premmal Patel David

LawRatoNavi Mumbai | 25+ Answers
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