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  3. Saturday, June 03 2017, 12:01 PM
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My mother was running ill and was loosing hope day by day. During her illness she made her hand written WILL (unregistered) in presence of two witnesses. Unfortunately she could not survive to get her WILL registered.

After this incident (1 year later) my father made a registered WILL and in my father’s WILL there are clear details of my mother’s WILL with date of execution and other details.

BOTH THE WILLS TALKS ONLY ABOUT SELF-ACQUIRED PROPERTY. My parents did not get any ancestral assets.

Entire share of SELF-ACQUIRED Property (located in Pune, Maharashtra) in both Mother's WILL as well father's WILL is given to son instead of equal division between son and daughters.

My questions are

(1) Now does my mother’s WILL act like as a registered WILL?
(2) Mine is a Hindu Family and I am the only son. Can my sisters (Two Numbers) challenge my Mother’s WILL, since it is unregistered?
(3) Can I legally press my sisters to abide by my Mother’s WILL?
(4) Where do the WILL of my mother & father stay under Law, when it is placed for actual execution?
(5) What further need to be done from my side that I should not get into any legal trouble?

Kindly explain in detail and help.
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Dr Katta Accepted Answer
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Repeated query. Check my earlier response. Already replied in detail.

1) Will whether registered or not makes no difference. Your mothers Will is valid.

2) Get the Will Probated. When filed, your sisters may challenge. Court will examine their objections if any and issue probate orders.

3) No need for you to press your sisters to abide by your mothers Will.

Click 'ACCEPT AS ANSWER' to appreciate my legal response.
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  1. 3 weeks ago
  2. Will
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indian Accepted Answer
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Q. (1) Now does my mother’s WILL act like as a registered WILL?
Ans. No your mother's WILL cannot be treated as a registered WILL.


Q. [2] Mine is a Hindu Family and I am the only son. Can my sisters (Two Numbers) challenge my Mother’s WILL, since it is unregistered?
Ans. Your sisters can challenge the mother's WILL but in order to succeed in that they will need to prove that your mother had not made that WILL voluntarily or that your mother was not in 'proper state of mind' due to long illness' at the time when the WILL was signed by her due to medicines affecting her decision making powers.


Q. [3] Can I legally press my sisters to abide by my Mother’s WILL?
And. You can only file probate case in the city civil court of Pune to declare the unregistered WILL of the mother as genuine and legally enforceable and your sisters can file objections to your probate petition in the those proceedings and the judgement will be passed by the Hon'ble Court after duly hearing all children.


Q. [4] Where do the WILL of my mother & father stay under Law, when it is placed for actual execution?
And. File probate petition as told above.

Q.[5] What further need to be done from my side that I should not get into any legal trouble?
Ans. Get the WILL probated from the Hon'ble Court to avoid any legal trouble in the nature of claims over properties by sisters or even any other relative in future as soon as possible.

Ankit Tuli
Advocate
Delhi High Court
9873511618
9213310113
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  1. 3 weeks ago
  2. Will
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