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Shaikh (service)     12 November 2013

Will of father with two wifes

My father died last year. Before his death he made a WILL.
We are Sunny Muslim.
 
Two wife and each wife has 2 children.
First wife is my mother she died when we were minor. (myself and my sister).
 
The house was purchased by my grand father and after his death my father became the owner. Now my step mother.
 
In his will he mentions that it is self owned house, and he has not disclosed the first wife and her children. 
 
Through the will He gave the house to my step mother (second wife) and her children.
Is the will invalid and do we have right in the house.
 
Pls. guide us What should we do?


Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     12 November 2013

is it a registered will attested by two witnesses ? , have you any proof that the property had purchased by your grandfather and your father had knowengly written wrong statement, you can challange It in the court of probate .

T. Kalaiselvan, Advocate (Advocate)     12 November 2013

Joshiji is right.  Your father's statement that it was his self acquired property if proved false, his Will can be nullified.  Prepare the grounds with the proper documentary evidences and fight back.

Shaikh (service)     13 November 2013

Thanks a lot for prompt reply hoping further guidance.

Yes it a registered will attested by two witnesses.

Yes we have proof that the property had been purchased by  my grandfather and your father had knowingly written wrong statement,

What is Probate .

B S Kainth (IT)     21 November 2013

Engage a good Civil Lawyer &.most important "Hold your possession in suit property ". File a suit of Probate challenging facts of first marriage which where not disclosed in Will INTENTIONALLY by your father as he was under oath while execution of Will . If you prove will is wrong , your right in suit property will automatically be created . GOOD LUCk

Shaikh (service)     06 December 2013

Thanks a lot ...


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