My father has in his will made lengthy again said that his property needs to be transferred within the identify of my elder brother within the unlucky occasion of his demise. I’m married now however as his solely daughter, can I contest for adjustments to be made within the Will and thereby get a share in his property?
—Name withheld on request
India has ‘testamentary’ freedom—individuals making their could have compete freedom to offer any private property owned by them to whomsoever they might want. (There are two fundamental varieties of succession: Testamentary succession, or one executed with a will, and Intestate succession, or one with out a will). Certain varieties of properties like these of Hindu Undivided Families are topic to different guidelines, however that doesn’t appear related on this case
Your father has chosen to go away his property to his son. So, upon his demise, the property below the desire would go to your brother. You is not going to have a share within the property being bequeathed.
Also word that the desire solely comes into impact upon the testator’s passing, so whereas your father is dwell, no switch has but taken place.
In the absence of any points like fraud, coercion or undue affect, there may be little or no you are able to do to problem the desire —and even these challenges are extraordinarily troublesome, costly and lengthy winded to attain in observe.
Under the circumstance,s you might be higher off discussing overtly together with your father whereas he’s alive about him bequeathing you some property as a present.
Rishabh Shroff is companion & co-head, non-public consumer, Cyril Amarchand Mangaldas.
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