1)on demise of your father probate ought to have been applied in bombay high court . in mumbai it is mandatory to obtain probate .

2) it is necessary to go through the contents of will made by your father .

3) whether it is attested in presence of 2 witnesses ? whether your father was of sound mind at time of execution of will ?

4) in the absence of will you are entitled to 1/6th share in respect of properties standing in name of your father .

5) your consent would be necessary for sale of property .

6) you can issue legal notice to your brothers and file suit for partition .

7) since it is self acquired property of your father you have share in the property .

8) also whether your brothers were earning at time of purchase of the 2 properties is also to be considered .

9) consult a local lawyer

Hi, if the property is ancestral property then all the sons and daughter has equal right over the property and it is a self accquired propeery then he can dispose the property according to his wills and fancy.

?. From your narration the property is self accquired property of your father and he has executed will and and will is not challange in any court of law.

?. So wether you have right over the propery or not it is difficult to say without go through the contents of will.

father can execute will only in respect of hi share in the property

Hi, if the property is ancestral he can write a will only to the extent of his share.

1. Property in Kalyannagar is registered in favour of your father and his 4 sons, so all 5 of them are equal owners thereof, whereas the property in Sidharthnagar is owned by your father and his last 3 sons.

2. Was your father the sole owner of the plot in Alwal which was sold by your brothers? If yes, were they authorized by your father to sell it?

3. Since your father was not the absolute owner of the property in Kalyannagar and Sidharthnagar he could have made a will only in respect of his own share therein. If he has made a will the property would devolve in terms of the will.

4. You have an equal share in those properties owned by your father, in respect of which he did not make a will. You may cull out your share therein by filing a lawsuit for partition in the court.

5. A will requires mandatory probate in Mumbai. So if the will has not been probated then it has scrap value.

6. If the will was made by your father under dubious circumstances then you may challenge it in the court on the ground that the lack of free consent has vitiated it. If the court sets aside the will as illegal you will get an equal share in the properties of your father to the extent of his share.

7. If your brothers were not earning at the time of registration in their favour of the properties purchased by your father then you may challenge their ownership in the court.

1. The Will is required to be seen for advising properly,

2. If the will is unenforceable, you will get equal share of your father's share of the property,

3. If you sign a consent letter and/or execute a relinquishment deed, then you shall not be able to claim your share on the property,

4. Do not sign any consent letter and file a partition suit claiming your share of your father's share of the property, if you so wish.

1. A erson can execute will bequeathing his property only and not otehr's property,

2. Moreover, probate on the Will has to be taken to make the Will legally valid.