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?


Asked on 6/11/07, 7:06 am

6 Answers from Attorneys

Nandita Haldipur Haldipur Associates

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

Read more
Answered on 6/29/07, 9:19 am
Vivek Mapara Mapara Law Firm

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.

Read more
Answered on 6/11/07, 7:10 am
Prabhat Shroff Shroff & Company

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.

Read more
Answered on 6/11/07, 7:21 am
Lawbird in Delhi Taneja Law Office

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.

Read more
Answered on 6/11/07, 8:39 am
G. M. Gupta gmguptaandassociates

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.

Read more
Answered on 6/13/07, 5:02 pm

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.

Read more
Answered on 6/11/07, 2:08 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in India