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Navin (None)     18 May 2015

Can property be willed to sister even if wife,son,daughter e

Can a man gift or will his flat inherited from mother to his sister, nephew or niece even though his own wife, son and daughter are alive. He is a being brain washed and could be made to sign such a legal document by his sister under the influence of drug.

Will such a will, gift deed be acceptable under the law when his own children are there in the first line of inheritance



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 5 Replies

varadarajan (lawyer)     18 May 2015

There should be a strong circumstance to dislodge his legal heirs. Further the execution  of will under influence of drug is purely a fact which should be proved by way of adducing unimpeachable evidence. But at the same time the propounded should remove all suspicions surrounding the xecvution of the will. As far as Evidence Act is concerned the will should be proved by examining one of the attestors regarding due execution 

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Kumar Doab (FIN)     18 May 2015

How did the mother acquire the flat: it was self acquired or from her parents or from her husband?

Which personal law applies e.g. Hindu Succession Laws?

How did mother gove the flat to son; e.g. by WILL/ registered Gift deed etc?

 

Share full information.

 

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Kumar Doab (FIN)     18 May 2015

Repeated Query:

https://www.lawyersclubindia.com/forum/Ancestral-property-121221.asp#.VVoPLFJ-hkg

Navin (None)     18 May 2015

The flat was self acquired.

T. Kalaiselvan, Advocate (Advocate)     19 May 2015

This query was addressed properly by many experts/lawyers in the previous thread too. You may note that the wife and children can file a suit to declare such transfer like gift deed in favor of his sister or nephew or niece only after his demise and not before that.  They can challenge that transfer itself of having got it through coercion or fraudulent means but they have to prove that. Therefore secure evidence now itself for challenging the gift deed at a later stage.


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