Property issues- My mother made a will in my name
9 months ago
My mother made a will in my name, and my brother died too, now my sister inlaw says I have no rights in the property, and filed a case against me, do I have a share?
A.Dear client,
The Indian Succession Act of 1925 governs all other religions, including Christianity. Succession to a deceased person's property, whether inherited or self-acquired, occurs in two ways. (i) Through Testamentary Succession, which occurs when a deceased person leaves a will specifying certain heirs. (ii) By Intestate Succession, when the deceased does not leave a will, the law of the deceased's religion takes over and decides how his estate will be allocated. The laws for Intestate Succession among Christians are defined in Sections 29 to 49 of Part V of the Indian Succession Act.
However, if the dead executed a will, the General Law as stated in Sections 57 to 391 would apply. According to Section 59, any person of sound mind who is not a minor may dispose of his or her property by will. According to Section 61 of the Act, "a will or any part of a will made by fraud or coercion, or by such importunity as takes away the testator's free agency, is void." The section addresses three vitiating circumstances in a will: (i) fraud, (ii) coercion, and (iii) such importunity as takes away the testator's free agency.
The section addresses three vitiating circumstances in a will: (i) fraud, (ii) coercion, and (iii) such importunity as takes away the testator's free agency. According to the preceding legal notion, remedies cannot be obtained until and until it is known or notified that the stated Will of your deceased mother is being challenged before the Court on what grounds. Contact an Advocate for assistance and next steps.
The Indian Succession Act of 1925 governs all other religions, including Christianity. Succession to a deceased person's property, whether inherited or self-acquired, occurs in two ways. (i) Through Testamentary Succession, which occurs when a deceased person leaves a will specifying certain heirs. (ii) By Intestate Succession, when the deceased does not leave a will, the law of the deceased's religion takes over and decides how his estate will be allocated. The laws for Intestate Succession among Christians are defined in Sections 29 to 49 of Part V of the Indian Succession Act.
However, if the dead executed a will, the General Law as stated in Sections 57 to 391 would apply. According to Section 59, any person of sound mind who is not a minor may dispose of his or her property by will. According to Section 61 of the Act, "a will or any part of a will made by fraud or coercion, or by such importunity as takes away the testator's free agency, is void." The section addresses three vitiating circumstances in a will: (i) fraud, (ii) coercion, and (iii) such importunity as takes away the testator's free agency.
The section addresses three vitiating circumstances in a will: (i) fraud, (ii) coercion, and (iii) such importunity as takes away the testator's free agency. According to the preceding legal notion, remedies cannot be obtained until and until it is known or notified that the stated Will of your deceased mother is being challenged before the Court on what grounds. Contact an Advocate for assistance and next steps.
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A.Dear Client,
The Indian Succession Act, 1925 governs inheritance laws for all other religions, including Christians. Succession, of the property of a deceased person both ancestral or self-acquired, devolves on his/her heirs in two ways. (i) By Testamentary Succession i.e., when the deceased has left a will bequeathing his property to specific heirs. (ii) By Intestate Succession, when the deceased has not left a will whereby the law governing the deceased (according to his religion) steps in, and determines how his estate will devolve. The rules relating to Intestate Succession among Christians are governed under Sections 29 to 49 in Part V of the Indian Succession Act. But if there is a will executed by the deceased, the General Law as contained in Sections 57 to 391 would apply. According to S. 59, every person of sound mind, not being a minor, may dispose of his/her property by will. As per Sec.61 of the Act, a will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void." The section deals with three vitiating factors in a will (i) fraud, (ii) coercion, (iii) such importunity as takes away the free agency of the testator. Being the above proposition of law, until and unless, it is known or informed that on what ground the said Will of your deceased mother is challenged before the Court, remedies can not be accessed. Reach out to an Advocate for guidance and steps.
The Indian Succession Act, 1925 governs inheritance laws for all other religions, including Christians. Succession, of the property of a deceased person both ancestral or self-acquired, devolves on his/her heirs in two ways. (i) By Testamentary Succession i.e., when the deceased has left a will bequeathing his property to specific heirs. (ii) By Intestate Succession, when the deceased has not left a will whereby the law governing the deceased (according to his religion) steps in, and determines how his estate will devolve. The rules relating to Intestate Succession among Christians are governed under Sections 29 to 49 in Part V of the Indian Succession Act. But if there is a will executed by the deceased, the General Law as contained in Sections 57 to 391 would apply. According to S. 59, every person of sound mind, not being a minor, may dispose of his/her property by will. As per Sec.61 of the Act, a will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void." The section deals with three vitiating factors in a will (i) fraud, (ii) coercion, (iii) such importunity as takes away the free agency of the testator. Being the above proposition of law, until and unless, it is known or informed that on what ground the said Will of your deceased mother is challenged before the Court, remedies can not be accessed. Reach out to an Advocate for guidance and steps.
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