Legal Question in Wills and Trusts in India

my brother-in-law a bachelor dies inestate without will and haviing dwelling house and several vacant sites in his name.

my Mother-in-law makes a registered will for her property and her bachelor sons property , with major stake for her unmarried daughter and dies by making her 3rd son as executor.

The heir sons conspire to destroy or nullify the will and threaten unmarried sister to sign a family agreement in their favour ignoring mother intention and will by stating their mother has no right to will the eldest bachelor property to her. . Can a registered will be nulified by a forced agreement by heirs and can a third party like Son-in-law in the family can probate and get stay order for this illegal forced family agreement in the context registered will which clearly states it should be executed by her 3rd son, who now conspires not to do so.


Asked on 1/11/10, 10:37 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the property is self acquired i.e. acquired by mother in law or her husband, she is authorized to execute a will but if it is ancestral or joint family property, she has no right to execute the will as all the legal heir have equal share in the property. you need to ascertain the nature of property before initiating any legal action.

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Answered on 1/11/10, 10:20 pm


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