Legal Question in Wills and Trusts in India

I am male and the sole surviving heir of my mother. My mother is Indian and I am a British citizen working and living in Spain.

I have heard rumours that my mother is thinking of changing her will and leaving her assets to another person unrelated to us, even though recently she made a will in my favour.

I understood that under Hindu Law of Succession, I do have the right to inherit from her. Is it legally possible her to damage me in this way, by willing her assets to someone else?

Thanks in advance for advice, much appreciated. I am very anxious and concerned about this as my mother is rich and I am struggling.

India | 29651 | Probate, Trusts, Wills & Estates

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4/08/11, 7:11 amAnswer (1 of 1) how does she get her assets? is it ancestor assets or self aqwired by her

shiv shakner saini

Answer to Shiv's question: many thanks for such a quick response, I am extremely grateful. My mother acquired all her assets by inheritance from her own mother.


Asked on 4/08/11, 7:48 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

Since the property is ancestral (mother's mother) your mother cannot dispose off the property by her will in as much as you have a legal right in the property unless your mother's mother had left a will in favour of your mother excluding any other legal heir.

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Answered on 4/08/11, 9:00 am
shiv shakner saini saini law

don't worry ask her and all matter will solved . If not then you have a way which lead to court

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Answered on 4/08/11, 10:00 am
Sanjay Kalra Sanjay Kalra & Associates

My ld . friends herein above are not aware of the law. You have no right in your mothers property even if she has inherited from her mother ,it becomes her self acquired property. She can will it to any one if she desires . You cant stop her.

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Answered on 5/14/11, 11:52 pm


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