Shipra Barman
Asked August 05, 2016

invalid will

  • 1 Answer

My father was diagnosed with stroke after this he could not speak clearly and lost his writing ability.Before this stroke he did not made any will for property distribution among his son's and daughters. My elder brother made a will and took my father's thumbprint in it when my father was not in his full consciousness and he did not include my name in that will.My father is no more and me and my brother had a dispute after which we do not speak any more. Now as the eldest daughter of my father I want to know how can I get my share in my father's property by law.

Answer 1

Default avatar
Saumya Kumar
It is advised that you must challenge the validity of the will. For the will to be valid it is necessary that the will must have been made as per the instructions of the testator and signed by two witnesses and registered. You can challenge the will on the ground that that your brother made your father put the thumb impression without his consent. To prove this it is very important that you substantiate this with the help of evidences or witnesses which can prove that your father had no idea about the content of the will. With regard to the share of the property, the Hindu law recognizes two kinds of property ancestral and self-acquired property. Your father cannot make a will for the ancestral property as that property belongs to him and his children jointly. In such a property, you being a coparcener after the 2005 Amendment to the Hindu Succession Act have a right over the property irrespective of the will. In case the concerned property is a self acquired property of your father then you as a coparcener have no share and the requirements of the will, will have to be respected. It is therefore advised to identify whether the concerned property is an ancestral or self-acquired property.
Agree Comment 0 Agrees about 5 years ago

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