my father stayed separate from son for 20 years before his death.he had registered will dividing his land among s his lone son & married 4 daughters. after death of my father my brother filled a partition suit n won the same on the ground that ,father purchaser self acquired land from ancestral land income .so he had no right to make will.but brother did not took decree of the suit for past 15 years. now can i go for prober of the will or any other action. i have sufficient evidence to prove fathers separate income thank you sudha
2 Answers from Attorneys
Your father's Will will prevail and each son and daughter is entitled to 1/5th share of your father's land irrespective whether your father acquired it ancestrally or through his own income, provided the title of the land was in your father's name. Of course, you have every right to obtain a Probate on the Will in Court.