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Can you contest for any changes in a will made by your father?

My father has in his will made lengthy again acknowledged that his property must be transferred in the title of my elder brother in the unlucky occasion of his loss of life. I’m married now however as his solely daughter, can I contest for changes to be made in the Will and thereby get a share in his property?

 —Name withheld on request 

 

India has ‘testamentary’ freedom—individuals making their will have compete freedom to provide any private property owned by them to whomsoever they might want. (There are two essential kinds of succession: Testamentary succession, or one performed with a will, and Intestate succession, or one with out a will). Certain kinds of properties like these of Hindu Undivided Families are topic to different guidelines, however that doesn’t appear related in this case

Your father has chosen to go away his property to his son. So, upon his loss of life, the property underneath the will would go to your brother. You will not have a share in the property being bequeathed. 

Also observe that the will solely comes into impact upon the testator’s passing, so whereas your father is reside, no switch has but taken place.

In the absence of any points like fraud, coercion or undue affect, there’s little or no you can do to problem the will —and even these challenges are extraordinarily tough, costly and lengthy winded to realize in apply. 

Under the circumstance,s you are higher off discussing overtly with your father whereas he’s alive about him bequeathing  you some property as a present. 

Rishabh Shroff is associate & co-head, non-public consumer, Cyril Amarchand Mangaldas.

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