Legal Question in Wills and Trusts in India
My sister's father in law in India had passed away 17years back wherein he had left a will leaving his entire property & savings to his wife and not to his 2 sons & a daughter.Now the wife has passed away 3 months back but prior to that she made a relinquishment deed in regards to the property in favour of the younger son only which was duly registered.Now can his living sister challenge the same in court and demand a share of the property?.Thanks in advance
2 Answers from Attorneys
If the deed is not genuine or it was under duress etc, then it may be challenged.
once a relinquishment deed is executed during life time of mother in favour of younger son, it cannot be challenged. the father made his wife the sole owner of his property and she in return executed the relinquishment deed in favour of younger son which is valid in law. however, a conclusive opinion can only be given after going through the contents of relinquishment deed.