Legal Question in Family Law in India
Will related case
My father has written a will in which he has named all his property to my brother and not given a single penny to me. My friends tell me that its his right to do it since all he has been earned by him only since he was an orphan. Can you tell me that is it true that i cannot challenge the will and get atleast some share to the property?
4 Answers from Attorneys
Re: Will related case
What your friends told is true. But you can still challenge the will, on the ground that is forged, or it is not executed by your father. However you shall have to contact personally with the Papers.
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Re: Will related case
If will is genuine and the property is his self acquired property forget about it.
Re: Will related case
Yes it is true that you are not eligible for any kind of share as per the WILL untill and unless you can challenge the WILL that it is forged or made by some duress.
Re: Will related case
Unfortunately you have correctly informed.
Self-acquired property can be bequeathed by a person as per his own free will; and in the will executed by the deceased, he could declare any person as owner of his estate depriving other legal heirs of any share.
You can only ensure that the will was executed by him with his free consent and without any undue influence; and at the relevant time he did possess a sound disposing mind.
In case of the three things are present - lack of free consent; any undue influence; or any mental infirmity at the relevant, the will can be challenged in a court of law.
usually, reasons for excluding a legal heir from inheritance are also recorded in the will. You need to check the reasons for excluding you as given in the will and if these reasons are valid and factually correct.
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