Will

Querist : Anonymous (Querist) 28 June 2010 This query is : Resolved
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.

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Adv Archana Deshmukh (Expert) 28 June 2010
If the will is valid in all respects then your friend shall get the property. Your friend shall have to prove the genuineness of the will.

Querist : Anonymous (Querist) 28 June 2010

Querist : Anonymous (Querist) 28 June 2010
What do you mean with "in all aspects" ? I understand from my friend that the will has been signed in the presence of the silicitor and a family friend. But another fact, which I forgot to mention, is that the deceased person was an alcoholic. My friend fears that his sister will use that to contest the will, saying that her mother wasn't aware of her acts when she did it. How do you see that?

Legal Eagle (Expert) 28 June 2010
The main thing to be considered is whether the property was self acquired property or is hereditary of the deceased.

Could you please furnish the details??

Uma parameswaran (Expert) 28 June 2010
It will depends upon the nature of the property.

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