Legal Question in Real Estate Law in India
will
My mother expired on 11-09-2006 in Bombay. She was about 82 years of age at the time of her death. She has left behind two children; a son aged 51 years (married)and a daughter about 39 years (married). She has also left behind a will giving the entire property to my sister. I am attaching herewith copy of the said will for your perusal.
The property was acquired by my parents with their hard earned savings.
There are certain points written in the will which are against the ethics and priciples of Human Rights. I have highlighted these points of the said will. My questions pertaining to the said will are as follows:
1. Can the son also claim for the right to property despite the maker of the will has given 100% of the property to the sister?
2. As a part of the family am I not entitled to my stake in the property?
6 Answers from Attorneys
Re: will
you may challenge the genuiness,validity of WILL in court and can get the same declared null and void and alo can ask for your share in the property.contact with details.
Re: will
If your mother was the absolute owner of the property in question, you dont get anything. However, the will can be challanged on various other grounds. The advise given here is different than what happens in courts. Here the stress is on the theory, while in courts it is the practical.You need not lose heart, what you need is not the advise but services of a good lawyer.
Re: will
we don't see any attachment here!
if the property was in your mother's name - it is her absolute property - you cannot do any thing!
you will be entitled to the share only if it was a heriditary property - particularly your father's!
Re: will
Contact a good lawyer in your area or contact on 09426101233
regards,
Bankimchandra Shah
Surat.
Re: will
There is no will attached to this question, so please send the copy of the will, giving the family tree and as to how the property was acquired.
Regards.
B.Balasubramanya.
Advocate.
Re: will
If properties were self acquired and were disposed of by a valid Will, then it will devolve as per Will. If there are certain points making Will invalid or illegal, then properties would devolve as per intestate succession law.
Related Questions & Answers
-
Stamp duty we are planning to buy a property in india . the seller has not paid... Asked 7/15/07, 12:38 am in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
