Legal Question in Wills and Trusts in India
Wills and Estate
My father created property, in form of a house, from his own resources. After my mother died, he remarried and had a daughter from his second marriage. My father did not have cordial relationship with his wife. Consequently, he has willed his property in my name. I want to know, does my step mother or her daughter have a claim on this property even after my father has willed the house in my name?
6 Answers from Attorneys
Re: Wills and Estate
if property is self acquried no body can claim any right if there is will. Hence your father is free to will will teh property to whomsoever he wants but he has to execute a will for the same in absence of the will your step mother andher child can claim a right after your fathe's death
Re: Wills and Estate
Since it was a self earned property of your father, your setp mother or your step sister do not have any right in the said property.
Be prepared, they would certainly challenge the will as forged or obtained under undue influence etc.
Re: Wills and Estate
No, your step mother or sister may not have any claim over your father's self acquired property since same has been specifically willed to you. Of course, they may put forward a claim but you can certainly contest the same successfully.
Re: Wills and Estate
You have to apply for probate before competent court of law. Once that process is complete, you become absolute owner of the property.
Re: Wills and Estate
no they can not claim on the given facts. but they can create hurdles at least.
for detailed advice please contact personally with documents. consultation charges will apply.
Re: Wills and Estate
Since it is a self owned property of your father hence he can bequeth the same by way of WILL, and in that case your step mother and sister will not have any right in the property.
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