Legal Question in Wills and Trusts in India

My mother owns a property (self acquired) & wants to pass on the property to me (I am her son) after her death. However before that she has written in the registered will that my father will be owner of the property (after her death) & after my fathers death the same will needs to be executed (that she wanted to give the property to me).. Can this registered will be challenged by my elder brother?

Or if she gives the property to me directly via registered will, then it cannot be challenged by my elder brother?

2 different questions/options actually..


Asked on 2/03/12, 12:51 am

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

once your mother prepares another Will and registers the same her former Will stands revoked (cancelled). So that is best option i.e directly gives property to you via registered Will.

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Answered on 2/03/12, 2:45 am
Sanjay Kalra Sanjay Kalra & Associates

The best option for your mother would be to gift the property to you in her life time which would bar your brother to challenge the same after her death.

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Answered on 2/06/12, 3:45 am


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