Claim Properties Of Deceased Mother And Father Against A WILL

On the basis of Will your mom become absolute owner. Letter others challenge it by filing a suit for declaration.

Firstly it has to be seen whether your father married the second marriage without taking divorce from first wife, hence if the second marriage is performed without taking divorce from first wife the second marriage is null and void and the second marriage is invalid, however the children of the second wife will have right in the property, hence the only persons who had right in property are 1st wife, her children and second wife's children, hence the property left by your father will have to divided into 4 parts equally, that is your mother, you and the two children of second wife, now after your father's death your mother had only 1/4 the right in the property hence she can only transfer 1/4th share by will or other deeds and the rest of the property belongs to you and the other two sons, hence in this case it is better you file a suit for partition and separate possession in civil court , further the will will be not valid as the your mother does not have the right to transfer your share and at the most she could have transferred her own 1/4th share. Better to file a suit for partition in all the properties.

Your step brother also posted the same issue here few days back..

Better come for video consultation or approach a lawyer in person with documents..

The properties which were in the name of ur father - you all (including that family) gets proportional share.. the validity of that will (on the ground that ur mom's has no right to execute will ) is contestable.. besides ur mother's income source is also vital.. Sale shame and nominal grounds also there..

Taking the stand of illegitimate child plea is of no use.. even illegitimate child has equal share.. Its so strange how ur mom execute will in favour of ur step mother.. if u think it's a fraudulent one, u can approach court to nullify the same.. there are many technical grounds..

First get the certified copy of the document i.e., will said to have been executed by your father, gather all the information of the properties acquired by yuor father, explain whether those properties are sef acquired or ancestors, then meat an advocate personally. A long process matter.