Legal Question in Real Estate Law in India

about will

my two brothers have enthused my father- while on death bed and got a will written and registered wantonly eliminating me so that they can grab maximum property. I am the eldest son and feel lot of injustice is done to me. I am the first son. Whether i am a legal heir. whether I can get any share in the insurance he is having. Can my brothers get the real estate property in their name without even informing me as it has happened in the will. whether the will can be witnessed by the brother of my father. Is there any other way to get justice since my father is no more. please help


Asked on 3/08/09, 1:44 pm

4 Answers from Attorneys

Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: about will

your brothers have to get the probate of the will from the court of law and in that process they have to give notice to you. If we are able to prove certain points then we can succeed in showing that the will can not be taken into consideration. In such case it always advisable to meet personally to know the better facts of the case. you can contact us on 28904722, 9892193167, Mumbai.

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Answered on 3/08/09, 2:25 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: about will

Hello

Good Afternoon!

First check wheather the property is self earned estate or it is a ancestral property.

If the property is ancestral then your rights will remain.

If the property is self earned estate than the will can exclude you from the rights.

In case of need please contact personally.

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Answered on 3/13/09, 6:25 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: about will

(a) If the property is ancestral, your rights cannot be excluded by a WILL.

(b) If the property is self-acquired, the WILL has to be free from doubts; recording reasons for excluding a legal heir.

You may consider claiming your right of inheritance by filing a civil suit.

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Answered on 3/08/09, 4:09 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: about will

In cases of Hindus, ancestral property can not be disposed off by a Will in its entirety.

Self acquired property can be disposed off by Will. If you can establish that the Will is not genuine, you can challenge it in court.

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Answered on 3/09/09, 1:19 am


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