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Q. Unregistered will

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Anonymous

posted 4 months ago

Q.Unregistered will
Dear Sir / Madam

My deceased father made a Will that is unregistered, bequeathing cash and property to his children (2 sons and 2 daughters). However, my mother, who is in possession of the said Will, is showing favoritism toward my 2 sisters and wants to override and possibly not honor my father's Will.

We (the sons) have a copy of the said Will. Assuming that, under the guise of claiming that my Dad's Will (unregistered but it is notarized) is lost or destroyed, can she create her own Will favoring my sisters (the daughters) and override our (the sons) rights and inheritance set forth in my Dad' Will?

Thank you

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

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A. ) Your mother can make a will of her share only. As on the death of your father [If there was a will, then it will be distributed accordingly] And as you are saying that the will is destroyed by your mother. Then in that case, your father is dying without a will [As no one can show the existence of the same] Therefore in such a case the property shall be divided among all according to their share.
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Shreyash Mohta

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Dear Sir,
You may approach Civil Court and get resolve the issue.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 4 months ago

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A. ) in the possible absence of will (destroyed by mother) the property of father will be distributed among all as per their share,

you being son have equal right on the property

she can make a will for her share only

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 months ago

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A. ) If it is available then it will be possible

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