Legal Question in Wills and Trusts in India

I am a spinster. My mother and I jointly invested in a house with the sale proceeds of our family house a few years ago. I take care of my mother while my siblings (2 brothers and 2 sisters) are married and live independently. A few months ago, one of my brother openly voiced that he felt that my mother was being partial to me by gifting me her share to help me buy a house. My mother insisted that the house be registered in my single name to avoid any problems to me later on after her death. A registered will has also been drafted to this effect. I just lost my job but am able to manage on my savings and a few odd jobs since I freelance. Can my brother challenge the will on the grounds that I don't have a regular income and agree to pay mom maintenance to have a rightful share of her share in the will/house that we have jointly bought.

Asked on 2/25/13, 4:57 am

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Your brother can claim his share from your mothers 50% share in the property after her demise despite there being a will in your favour.. I would suggest that your mother should relinquish her share in her life time in your favour and get the relinquishment deed register to make things fine for you at a later stage..............Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 2/26/13, 3:01 am

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