Regarding will which disinherits my friend's family members.


This query is on behalf of a friend. My friend's father passed away but did not leave either his wife or his son(my friend) even a single paise in his will. All property worth 1crore was left to a charitable organization. He was living in the same house as his wife until the time of his death. Also his wife was doing all the household chores, cooking and other work whose benefits he was availing of until the time of his death and for the entire duration of his married life of more than 40 years. My friend does not want any of the money or property but he feels that his mother has been treated unfairly. Also my friend himself is not so well off financially as he himself stays in a one room house with his wife and two children. The charitable organization is stubborn and not willing to cede any of the property. Is any legal action possible?

 
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Lawyer

Please give some more information regarding the document executed by deceased in favour of  charitable organization (e.g. Will, gift or sale etc)

.How the deceased has acquired title of property?

Besides this the property is movable or immovable? 

 
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In your brif you didn't clear that , whether such property is belog to ancestral or self earned one? Because the remedy available is kind of different by nature of the property. So clarify it. Second thing is that you have to clarify that what is the family religion?
 
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Thank you for the responses, I am providing the information below:

The document was a will which left all property and savings to the charitable organization.

The property is immovable - a flat in Mumbai. And it is a self earned property not ancestral - he had purchased it through savings and housing loans which he had paid back fully prior to his passing away. Also my friend is Hindu, his family religion is Hindu.

Awaiting your further responses. Thank you.

 
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Hence it is selfearned property, The property owner can dispose his property according to his wish and will and no opposition can be raised against his action.
 
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Was the will Registered or unregistered ?

If unregistered then where are the witnesses of the will, .. ? Are both th witnesses alive? Where was the Will Document kept.

Has a probate been obtained by the cherity organisation who is the executor of the will, 

 

In case your friend is sure that will has been a  genuine document, then nothing much can be done.

 
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Lawyer

Being self-acqired properties the deceased was well within his rights to dispose it off as he desired. Even if any one challanges the transfer in probate, it will not work, leading recent case of Priyambdha Birla's decided by Apex court.

 
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