Legal Question in Wills and Trusts in India

My father left everything to my mother who died eight months after the death of my father.

My mother has made a will leaving everything to her sons and nothing to me,her daughter?

My sons were in total control of my mother's finances,tax returns,etc

Can I succesfully challenge her will on grounds of undue influence?


Asked on 3/26/14, 4:41 am

3 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

See, being the owner of the property, your mother was legally right in executing a Will of her choice. Until and unless you could prove that undue influence was exerted, the Will can't be challenged.

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Answered on 3/26/14, 5:03 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Yes you may but you should be able to prove that the will was made under undue influence. You may also challenge the will on the ground of it being forged. You may drop in a detailed query at [email protected]

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Answered on 3/26/14, 5:45 am
Fca Prashant Chavan Expert Edge LLP

26.03.2014

Dear Madam,

A Will has to be backed by a Probate from the Court for transfer of the title in the name of the beneficiary named in the Will. You may contest the Will at the Probate hearing in the Court.

Regards,

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Answered on 3/26/14, 8:37 am


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