Brother unwilling to give copy of their late mothers Will to Sisters
1 week ago
Hello
May I please ask your kind self a question.
A lady is blessed with a son and 2 daughters in Gujarat. Son resides in Gujarat, while both the sisters are married and stay in Delhi. While the lady was alive she had made a registered will in Gujarat and gave it to her son only.
After her demise, her son refuses to give a copy of the will to his sisters. Both sisters don't know the document number of the will.
Please advise what is the legal procedure left with the sisters to get a copy of the will from their brother. Can a police complaint be filed? What type of lawyer i.e. civil, family or any lawyer would be best for this case.
I shall be grateful for your advice please.
# please do not quote my query or my name anywhere please.
Thank you.
Both registered and unregistered wills are subject to similar challenges. Key grounds for challenge include improper execution, doubts about the testator's signature authenticity, or concerns regarding witness signatures, even if the will is registered. Succession laws impose no time limit for challenging a will, allowing legal heirs to contest it at any point based on grounds outlined in the Indian Succession Act, 1925. Challenges can typically be made within 12 years of the testator's death.
Section 276 of the Indian Succession Act, 1925, mandates that probate applications must be filed within three years of the testator's death.
You need not bother about existence of will but file suit for partition thus bring pressure on your brother to disclose the contents of will otherwise suit will be decreed.
Both registered and unregistered wills can be challenged on similar grounds. However, certain challenges such as (i) Improper execution of the will; or (ii) genuineness on the signature of the testator; or (iii) genuineness on the signatures of the witnesses, stand significantly affected even if the Will is registered. There is no limitation period under the succession laws to challenge a will and the legal heirs may challenge a will at any time on the grounds mentioned in the Indian Succession Act, 1925. A will can be challenged for a period of up to 12 years after the testator's demise. According to the Supreme Court's ruling in Jamnadas v. Naveen Thakral and Others, the civil judge may waive the 12-year deadline if there are valid reasons or justification provided by the contestants/plaintiff. Section 276 of the Indian Succession Act, 1925, stipulates that an application for probate of a will must be made within three years from the date of the testator's death. Reach out to an Advocate experienced in civil matters for guidance and steps.
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