Validity of will if made without informing me
18-Oct-2023 (In Wills / Trusts Law)
My mom broke her back & was addmitted in hospital on 10th june 2019 & discharged in 24 june 2019. She stays with her daughter. Her daughter & brother in law refusses to provide any information about her. The flat is in my moms & my name. My brotherly law is makung will without informing me. If they register a will would it be considered a valid will.
First of all if the property is jointly owned, your mother would only be liable to make a will of only 50% of her shares. Wherein once the will is made its the right if the owner of the property to make and register the will howsoever the person desires to make. Once the will is registered and during the process of probate you can contest the will and claim your shares if you have a valid proof.
Hello, you can file a case or probate in court challenging the will and get the validity of will checked. If you are the legal heir, you cant be denied your share by your siblings, it is clear they have intent to get unjust enrichment out of your share. Contact me for further assistance
If a Will is registered, in ideal situation, it would be treated as valid will. As you have informed in your query that you are joint owner of the Flat, you can enter the Flat without restrictions.
In the event your Brother in law attempts to stop you from entering the Property, you can file a police complaint or even approach the Court
In the event your Brother in law attempts to stop you from entering the Property, you can file a police complaint or even approach the Court
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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