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wrcz (boss)     18 May 2012

Inheritance law, 4 brothers, one simply not mentioned in wil

Hi, 

 

as the title says, after the passing of my grandfather, his wil stated that the entire inheritance (being some properties etc.) shall be divided between two brothers. one brother shall not be granted anything, since he had gotten enough during my grandfathers lifetime. now the twist is, my father(the fourth brohter), which would be my grandfathers predeceased son, wasn't mentioned at all in the will. so neither was he/me disinherited nor was he/me given any part.

 

as far as i could find out, the son of a predeceased son qualifies for class 1 heir. all the property im talking about was my grandfathers selfowned property, as far as we can tell at least. 

 

so do i have any legal right to any of the inheritance?

 

regards.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 May 2012

Dear Querist,

 

If it was the self acquired property of your grandfather - and he via a will bequethed it to your uncles, there is little you can do, though it makes no specific mention as regards your father/ or you, provided off course it is sufficiently certain and precise where it deals with your uncles. The will stands provided it is not vitiated by undue influence and executed properly.

1 Like

wrcz (boss)     19 May 2012

so in india basically i dont have a legal portion of the inheritance which has to be mandatorily given to me?

and wouldnt a will, like the one in my case, seem a bit fishy?

one uncle has speifically been mentioned to be disinherited, two others have been mentioned with their share and on he other hand me and my father have completely been left out? just seems a bit weird to me.

 

im very unfamiliar with indian law/succession law since im a NRI. so im verry appreciative as to any information given. 

 

thanks in advance.

wrcz (boss)     19 May 2012

^should say on the other hand, instead of on he other hand. not to confuse people :)


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