vineet warulkar 20 February 2016

Regarding property disputes

I have one brother and two sisters. just now in Dec 2015 my Father died. He had made a will deed for the propertey which was his own. In the will deed he has clearly noted that the property will be divided into two parts i.e one part to me and other to my younger brother. But the issue is now one of my sister is demanding for share in this property. So i request you in this matter that will this case be registered in court. As the will deed clearly mentions that the Property to be divided into two parts i.e to me and my younger brother and nothing to be given to any of any of my sisters.

I request you to please give solution for the same.

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4 Replies

Praveen Vasedar (Chartered Accountant) 21 February 2016

i think the case will be registerd in the court, but your sister can't get any share in the property.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 21 February 2016

If the sister wants she may file a partition suit against you . In that scenario you should defend and contest the said suit based on the will written by your late father . Howevr as a pre emptive state you may file a probate case so as to ensure that the will is devoid and protected from any subsequent challenge as per the provisions of section 42 evidence act .