Deceased Father Registered Property Abandoned. Am I Liable? Ago. Cops Say Its My Problem. True?
My father has willed his house to my brother. Is at that place a mode I can contest the will later, if needed?
Synopsis
Though one can bestow his self-acquired property to anyone or a loved one co-ordinate to his wish, such a bequest can also exist challenged on diverse grounds.
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Raj Lakhotia, Founder, Dilsewill,, answers estate planning queries in this calendar week's edition from our readers.
If a father has willed a cocky-acquired belongings to someone with the signatures of sons, only not the daughters, earlier or after 2005, can it be contested? — C.Yard. Singh
One can bequeath a self-caused property to anyone as per his wish. Nonetheless, the legal heirs who accept the right and involvement in the property tin can always challenge the bequest. The court then examines the validity of bequest, the reason behind not allocating annihilation to legal heirs, and finally pronounces the sentence. In this case, daughters being legal heirs in both the scenarios, that is, earlier or after 2005, can definitely object to the bequest.
I am married and live with my husband in our own firm. My male parent sold his ancestral property in 2000 and bought a house for his ain use from his share. Since the proceeds from the auction of the house were non sufficient, I had contributed to the purchase of the house. My father had repaid this amount over a period of time. He is now old and non in adept health and is giving the house to my brother as per a will he has made. Still, my brother has fiscal issues and is already planning to sell the house when our father dies. I am afraid he will completely fritter abroad the money. Is in that location a way I tin can contest the will later, if needed? — Sumedha Sarma
Though one can bequeath his self-acquired property to anyone or a loved one according to his wish, such a bequest can also be challenged on diverse grounds. The terms of the will shall come into effect after the death of the testator (your father), and being a legal heir, you can challenge your father'south will in a courtroom of law.
Likewise read: All you demand to know nearly estate planning, inheritance, will and more
I and my husband got divorced in 2015. We have two children aged three and vii years erstwhile. My husband has since remarried and has i child from his 2nd marriage. I desire to know if my children volition have any right over my married man'south properties or will his child from the second marriage have the the right to his properties. — Mihira Verma
Yes, your children can merits the shares of the properties of their biological begetter if they are not beingness adopted by anyone, subject to the terms of your divorce prescript. This is the general law.
(Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner later presenting total facts and documents. Responses should non be considered as legal advice in any manner any.)
( Originally published on May 17, 2021 )
(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)
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Source: https://m.economictimes.com/wealth/plan/my-father-has-willed-his-house-to-my-brother-is-there-a-way-i-can-contest-the-will-later-if-needed/articleshow/82656074.cms
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