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Myeet (ABC)     24 September 2012

How to safegaurd daughters property got by regd. will

 

Hi we are 3 sisters and 3 brothers, our mother made a REGISTERED WILL in my favour ONLY i.e. one of her daughter my sisters and brothers are asking for THEIR SHARE and troubling me a lot.
 
Now I think .... 
 
a) A person is free to dispose his/her SELF EARNED property by WILL or REGISTERED WILL, the way he/she wants and it may be to anyone or even to one of his/her child son or daughter.
 
b) The Hindu Succession Act 1956 / Indian Succession Act (including amendment act 2005) will come into place ONLY WHEN  ....
 
1)  THERE IS NO WILL
2)  THE PROPERTY IN QUESTION IS ANSESTRAT
3)  WHEN THE PROPERTY IN QUESTION IS NOT SELF EARNED
 
c) Can my brothers and sisters force me for a share in property (in Delhi) with reference to Hindu Succession Act or it's amendment act 2005. They keep on saying every now and then that as per the law they also have a share in their mothers self earned property
 
d) How can I safegaurd myself from legal coart cases which my sisters/brothers may file to prove the will wrong SAY NOW or say after 10 - 15 years or BY THE TIME when say both the witness in my mother's REGISTERED WILL expire and there won't be anyone to witness even a "genuine Registered Will" of my mother (both the witness are alive now). (I can't afford to pay the probate fee also which is I think around 3-4%)
 
 
pl. correct me if I am wrong in any of the above said point a) or b)
 
thanks

 


Learning

 2 Replies

Anirban Gope (Advocate)     24 September 2012

I can only advise to go a proper forum and apply for probate of the registered will. If any one has any claim regarding that he or she can contest the same. Dont worry you are in the safest side.

         Thanking you.

Anirban Gope (Advocate)     24 September 2012

Without applying for probate you can't do anything or enjoying the property. For now you can make a police complaint regarding such harrashment in a local p.s.


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