If a father has willed a self-acquired property to someone with the signatures of sons, but not the daughters, before or after 2005, can it be contested? — C.K. Singh
One can bequeath a self-acquired property to anyone as per his wish. However, the legal heirs who have the right and interest in the property can always challenge the bequest. The court then examines the validity of bequest, the reason behind not allocating anything to legal heirs, and finally pronounces the judgement. In this case, daughters being legal heirs in both the scenarios, that is, before or after 2005, can definitely object to the bequest.
I am married and live with my husband in our own house. My father sold his ancestral property in 2000 and bought a house for his own use from his share. Since the proceeds from the sale of the house were not 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 not in good health and is giving the house to my brother as per a will he has made. However, my brother has financial issues and is already planning to sell the house when our father dies. I am afraid he will completely fritter away the money. Is there a way I 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 various 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’s will in a court of law.
I and my husband got divorced in 2015. We have two children aged three and seven years old. My husband has since remarried and has one child from his second marriage. I want to know if my children will have any right over my husband’s properties or will his child from the second marriage have the the right to his properties. — Mihira Verma
Yes, your children can claim the shares of the properties of their biological father if they are not being adopted by anyone, subject to the terms of your divorce decree. 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 after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.)
