Justifying the registered will by the father
1 year ago
we are 3 my father, brother and me(female) partitioned our family properties equally. Later my father made a registered will in favor of me for his share of properties . My husband and my father's own brother(small dad) signed as witness. My parents expired last year. now my brother challenging that will and filed a suit stating it is not valid because my husband is one of the witnesses and signed on it and it comes under conflict of interest. none of us were not aware of all this and my father had no wrong intention and made registered will with full clarity. Recently second witness my father's own brother(small dad) also expired.
1. How can we justify that will is legal and valid with one witness my husband and second is no more 2. what are the available options or ways for me to prove it is legal and valid
3.does the court consider the intention of my father and content mentioned in that will
You may contest your brother in the court and prove that the will is right as court will consider the intention of my father and content mentioned in that will also if your father had died intestate then also you’ll have equal right in his property.
Nothing to worry because nobody denies that it was self acquired property of your father and he had good intention to share among all the 3 persons. Otherwise he would have given entire property to you. Simply because it was signed by your husband Will cannot be declared as invalid.
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
Brother unwilling to give copy of their late mothers Will to Sisters
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Will
