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A (rsn23900@yahoo.com)     28 February 2011

Will

We are five sisters and two brothers. My father died in 1987 and my mother died in 2003. My mother made one will in which she declared we two brothers as legal heirs and excluded five sisters.

Recently b4 one month back, my all sisters asked for a share in property. I told them that as per will, we two brothers are included in the will. So they produced a new will and told me that as per  new will, all sisters are also part of the property.

I have never seen this new will. I was never sent  a copy of this new  will. I have a doubt that in my absence, my sisters forcibly made new will and they intentionally never sent me the copy of that new will.

Under such circumstances, 

What should I do? Pl help.

 



Learning

 2 Replies

Ambika Prasad Mishra (Lawyer)     28 February 2011

Sir, you can file a declaratory suit to declare the earlier will,wherein you two brothers have been described as legal heirs, to be genuine, valid and last will of your mother and to claim right over the properties on the basis of such will. If it is mandatory in your area to get the will probabted, then u can apply the court for probabte of that earlier will instead of filing a regular declaratory suit.

yogesh pandit (Advocate)     28 February 2011

There is one problem regarding will -

Mr. Alok Sharma died at 80,bequeathing 2/3rd of his property to his son Vivek and 1/3rd to his son Ranjit. Vivek and Ranjit had entered into an agreement during the lifetime of the father to share fathers property equally irrespctive of the distribution under will.

Plzz tell whether an agreement can be enforced?


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