Legal Question in Family Law in India

I am an Indian citizen living in the USA, with wife and 2 minor children. I have 2 elder sisters, both married. I have been helping my mom and dad financially last 4-5 years. My sisters are doing the same as well. My dad passed away and left behind a will. In the will, he mentioned my eldest sister will inherit all properties and none of the other 3 heirs (my mom, my other sister and myself) will get any. He also mentioned that it is because both me and my other sister are financially stable and my eldest sister is not. This reason seems incorrect since in their family, both my eldest sister and her husband are working in Govt jobs whereas I am in a private job and the only earning member in my family. I am getting tons of social pressure that by writing me off the will, I am being disowned by Dad and hence, I should be contesting the will.

Please advise.


Asked on 4/25/10, 9:00 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can contest the will only in the situation where at the time of writing the will, your father was not medically fit to execute a will or if the property regarding which the will was made, is a joint family unpartitioned property or in case the will is a forged one.

if the property is self acquired and the will is genuine, i suggest you to forget the property and go by the wishes of your father.

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Answered on 4/26/10, 1:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You better come to terms with the situation. your dad is entitled to choose his legal heirs for his self acquried property.

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Answered on 4/26/10, 11:19 am


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