I'm seeking advise on behalf of a friend whose mother has passed away and left a will making him the only heir of a property in Kolkata. My friend's sister wasn't included in her mothers will. (the relationship between mother and daughter was not good) But now she is asking for 50% of the inheritance claiming that being the daughter it is her right and in case my friend doesn't agree she wants to contest the will.
What does the Indian law say in that concern? What are the chances that she will suceed with her claim?
Thank you for your help.
3 Answers from Attorneys
If your friend's mother lived in California at the time of her death, California law would apply. The will would prevail, although the property would have to pass through probate. If your friend's mother lived in India, he should address his question to someone who is licensed to practice law in that country.
Mr. Cohen is basically correct, although Indian law may complicate things. If the probate is in California, the daughter may have a claim unless the will was very tightly drafted. If you want to completely exclude a spouse or child from your estate, there are strict terms that must be in the will for it to be effective. Your friend would need to show the will to a probate specialist.
This question should be reposted to the Indian Law category (Not Native American/Indian Law). The property is probated where it is located, if it is real property. The fact that she died in California is irrelevant.
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