Regarding will of property

Querist : Anonymous (Querist) 29 July 2018 This query is : Open
My father done will of his forefather property in feb 2014 and expired in jun 2014. After his death mutation of land done on my name as per Will. And his bank balance also transferred in my account at that time both of my sister are in my favour so their is no issue.
But before the death of my father in 2012 our 1 acre land acquired by huda. This case start after the death of my father so i am submitted my Will in the court. And my advocate said for withness and no objection by my mother and sister but now my one sister not ready for her withness and not ready to appare in the court. And she wants her share. So please suggest ...
1. Can she challange my father Will.
2. Or it is time board case because my father will is 4 year old. And all other property allready transferred on my name.

My mother and my other sister alrady give her withness in my favour.

Regards
Parteek gupta
9716651221

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Dr J C Vashista (Expert) 30 July 2018
@ Parteek,
Whether you had disclosed the will after death of your father? If so, any one (mother, sister etc.) objected to?
Your mother and sisters have equal share in ancestral property left behind by deceased and your father was entitled for bequeathing his share in the inherited property.
Consult a local lawyer with relevant documents/ facts.

Vijay Raj Mahajan (Expert) 30 July 2018
Will made for ancestral or coparcenary property is null and void,only valid Will can made for self owned property.
The right of the sisters in the property of forefathers came in existence ever since their birth by virtue of law as passed in the Hindu Succession Act,1956 in 2005.
Your one sister can ask her share in the property as the Will you were using was not even probated form the civil court, although you got mutation in your favor done by showing the Will and death certificate etc. However the right of your sisters never came to end. If anyone is asking her share, give it to her otherwise long civil litigation will go ahead for 10 to 15 years.

Querist : Anonymous (Querist) 30 July 2018
Thanks sir for your reply.....my sister know about the WILL of my father but i am not having any documented proof before death. But after his death union bank settled closing of account in my favour according to will and take no objections affidavit from my sister and mother in july'2014. I have certified copy of all affidavit and documents. And last year dec'17 they give again affidavit of no obection in my favour in other case..

Querist : Anonymous (Querist) 30 July 2018
Sir my WILL is registered in registrars office...

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