Legal Question in Wills and Trusts in India

I am the eldest son , my mother,young brother still alive.I with my mother and wife residing in a residential building.The building was constructed by both myself & father.

In the year 2004 father was expired at that time he was 75 years.Prior to death of my

father he had prolong illness.In the year 2001 father made the entire property will in

the name of young brother.The brother was instigated for the will.From last few month

brother ordering me to vacate house.Please advice me how can I get the share of property & what legal procedure to be taken.

Asked on 7/01/14, 5:26 am

1 Answer from Attorneys


You will have to challenge the Will as invalid and void on the grounds available to you in accordance with law. The grounds can be :

1. that your father had no power to Will said property as it was not his self acquired property

2. your father was not in sound mind and health when he executed the will

3. your brother pressurised father to execute will in his favour

4. Will is not genuine (will is not registered), etc.

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Answered on 7/01/14, 5:38 am

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