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Arvind Kumar Sharma (none)     31 May 2011

Will

My father had prepared a will for his (own purchased) house before death, in his will he has given half of the house to me (his elder son) & half to his second daughter, he has given nothing to his younger son. Father expired in Jan'2011 and just after his death younger son's wife has claimed share in property for grandson. The wife of younger son and grandson has left 5 years ago but not divorced. The will was registered. Whether the grandson will get the share in house property.



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 3 Replies

prabhakar singh (advocate)     01 June 2011

AS THE WILL IS REGISTERED.OK, IF YOU SUCEED IN CONVINCING THE COURT WHY YOUNGER SON WAS DISCARDED BY FATHER AGAINST YOU AND YOUR SISTER,THE GRAND SONS HAVE NO CLAIM.

Arvind Kumar Sharma (none)     01 June 2011

Sh. Prabhakar Singhji,

Sir,

I am very much thankful for your reply in the matter. I would like to ask one more question that my younger brother is expired on 07th May'2011, what will be the situation in this case.

prabhakar singh (advocate)     02 June 2011

AS YOUR FATHER EXPIRED IN JAN'11, HAD THERE NOT BEEN A WILL,FATHERS' PROPERTIES WOLD BE SEEN TO HAVE DEVOLVED UPON YOU YOUR SISTER AND  YOUR BROTHER WHO DIED IN MAY'11 AND ALSO ON YOUR MOTHER(IF SHE WAS/IS ALIVE POST TO THE DEATH OF YOUR FATHER).SUCH BEING THE CASE ,AFTER THE DEATH OF YOUR BROTHER IN MAY'11,(HIS WIDOW,AND ISSUES(MALE AND FEMALES) BECOME OWNER IN HIS PLACE AND NOW DUE TO EXISTENCE OF WILL THEIRE NATURAL RIGHT OF INHERITECE IS ADVERSLY AFFECTED DUE TO WILL THEREFORE THEY HAVE RIGHT TO ASSIAL THE WILL AND YOU HAVE TO PROVE IT BEFORE COURT BEYOND EVERY DOUBT CASTED ON IT THAT WILL IS REALLY THE LAST WISH OF YOUR FATHER AND IT WILL PREVAIL AS HE BEING OWNER HAD LEGAL CAPACITY TO TESTATE HIS LINE OF SUCESSION.ONE OF THE DOUBT OBVIOUSLY LOOKING WHY YOUR FATHER DISCARDED HIS YOUNGER SON FROM INHERITENCE?????


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