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(Guest)

If family protection act applicable in india?

Hello lawyers, if family protection act applicable in India? If yes can it override registered/unregistered will or gift deed? Thanks


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 4 Replies

Vijay Raj Mahajan (Advocate)     15 February 2018

No, there is no Act like Family Protection Act in India. The Family Protection Act enacted by any other country and applicable to any other country will not apply to India.


(Guest)
Thanks for the response sir. May I know if Hindu succession act can override registered or unregistered will / gift deed in case close family member have not been provide Fair share in the property I am qouting from another source here: "Revocation: Claims by family A family member can challenge a will on the grounds that they were not provided for adequately in the will. The law states that the head of a family is responsible for the proper maintenance of certain close family members who are specified in the Hindu Succession Act. If a proper provision is not made for these people in the will, or they are not adequately provided for by the laws of intestacy, they can make a claim in the Family Court or the High Court asking for provision to be made for them out of the estate." Thanks

Vijay Raj Mahajan (Advocate)     15 February 2018

Will of a person cannot be overruled as far personal property of a person is concerned rather it overrule law of succession. Yes the heirs can challenge the Will on the ground of force or undue influence or fraud by taking grounds that welfare of legal heirs were ignored by the testator of the Will but court will decide this issue of the basis of evidence with regard to these.

(Guest)
Thanks for the info sir

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