My father made a will giving the entire house to my elder brother and nothing to me. I am also his son. Can I challenge the will?
GE Asked by Geeta Nair from India
Quick Answer
A father can dispose of his self-acquired property by will as he chooses under Section 30 of the Hindu Succession Act, 1956, and a son has no birthright in self-acquired property.
Detailed Legal Analysis
A father can dispose of his self-acquired property by will as he chooses under Section 30 of the Hindu Succession Act, 1956, and a son has no birthright in self-acquired property. However, you can challenge the will if you can prove it was not validly executed under Section 63 of the Succession Act, 1925, which requires the testator's signature, attestation by two witnesses, and soundness of mind.
You can also challenge on grounds of undue influence, fraud, or coercion under Section 16 of the Contract Act as applied to testamentary dispositions. If the property is ancestral, the father cannot dispose of the coparcenary share by will, and you have a right by birth under Section 6 of the Hindu Succession Act as amended in 2005.
File a suit for partition and declaration that the will is invalid before the civil court. Obtain the death certificate and apply for probate proceedings to be initiated to bring the will under judicial scrutiny.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.