Disherritance son

Sudhir (Querist) 05 May 2019 This query is : Resolved
Hi experts please help me in understanding this.

My father disherrited my yonger brother from all movabale and immobale properties and died after a week.

My mother is staying with disherrited son.

Please explain if this disherrited son can claim share in self acquired property by my father

Regards

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Vijay Raj Mahajan (Expert) 05 May 2019
Verbal disinheritance for immovable property has no legal validity. If a document like Will made by the deceased father disinheriting son of all the property including immovable property which is his self acquired property, than only the son so disinherited will not get anything however he can always challenge the Will made under duress or with unfit mental state.

Isaac Gabriel (Expert) 05 May 2019
How inherited? Orally or by documents He is entitled for all rights .

Sudhir (Querist) 05 May 2019
In the court. I have disherritant deed.. Father presented himself before judge and its signed and registered too..

Dr J C Vashista (Expert) 06 May 2019
No such deed as stated by you, exist in law.
It would be advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

Dr J C Vashista (Expert) 06 May 2019
If you are located in Delhi and feel so, may contact me (on appointment) at: Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939

J K Agrawal (Expert) 06 May 2019
i think querist word court means registrar of deeds and the document is will. If so, it is valid up to portion of self acquired property of deceases. Further want to add that as far as my knowledge the verbal will is as good as documentary. Only problem is proof of it. There is no law that will of immovable property should be in writing only.

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