If you are stuck in such a situation, here is what to do.

In a situation brought to our attention, two sisters, Priya and Riya, who are Non-Resident Indians (NRIs), are facing a complex inheritance issue. Their great-grandfather, Mr. Sharma, had purchased a parcel of land in Maharashtra around the 1920s. This property was self-acquired. During a family partition, this land was passed on to his granddaughter, Mrs. Geeta (Priya and Riya’s paternal grandmother).

Mrs. Geeta’s only son, Mr. Ramesh (the sisters’ father), passed away some years ago. Following his demise, their mother, Mrs. Sunita, began caring for her mother-in-law, Mrs. Geeta. Subsequently, Mrs. Geeta executed a will, bequeathing the said property to her daughter-in-law, Mrs. Sunita, upon her death.

The relationship between Mrs. Sunita and her daughters, Priya and Riya, is strained. Mrs. Sunita often uses the property as leverage. Whenever her daughters disagree with her, she threatens to write a new will and donate the entire property to a charity, such as the ‘National Charitable Trust for Health’, thereby disinheriting them completely. The sisters are concerned about the legality of such an action and want to know if they can successfully challenge such a will in court.

Advice in such cases

Understanding the nature of the property is crucial in inheritance matters. Here’s a breakdown of the legal principles at play:

• Nature of the Property: The land was the self-acquired property of the great-grandfather. When it was passed to the grandmother, Mrs. Geeta, it became her absolute property. According to her will, upon her death, the property was legally transferred to the mother, Mrs. Sunita. It is now considered Mrs. Sunita’s self-acquired property. She has full and absolute rights over it.
• Right to Dispose of Property: An individual who owns self-acquired property has the absolute right to dispose of it in any manner they see fit during their lifetime. This includes selling it, gifting it, or bequeathing it through a will to anyone they choose—be it family, friends, or a charitable organization. Legally, no one has an inherent right to inherit self-acquired property.
• Disinheritance: A parent can legally disinherit their children from their self-acquired property. While it may seem unfair, the law upholds the right of the owner to decide the fate of their assets.
• Grounds for Challenging a Will: While Mrs. Sunita can legally make such a will, the daughters can challenge it in court after her demise. A will can be contested and declared invalid on specific grounds, such as:
  • Improper Execution: The will was not signed or witnessed as per the legal requirements under the Indian Succession Act, 1925.
  • Lack of Testamentary Capacity: The person making the will was not of sound mind or did not understand the consequences of their actions when the will was made.
  • Fraud, Coercion, or Undue Influence: The testator was forced, tricked, or unduly influenced into making the will against their true wishes. The daughters’ claim that their mother is “manipulative” could be a starting point for an undue influence claim, but it requires substantial proof.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This case primarily involves civil law, specifically property and succession laws.

• The Hindu Succession Act, 1956: This Act governs the inheritance and succession of property for Hindus. Section 14 of the Act is particularly relevant, as it clarifies that any property possessed by a Hindu female is held by her as a full owner and not as a limited owner. This applies to Mrs. Geeta and now Mrs. Sunita, giving them absolute rights over the property they inherited.
• The Indian Succession Act, 1925: This Act governs the rules for making and executing wills, and the process for challenging them (probate and contestation). It applies to everyone in India, regardless of religion, for matters related to wills.
• The Bharatiya Nyaya Sanhita (BNS): While this is a civil matter, if there are elements of criminality, such as forgery of the will (Section 336, BNS) or criminal intimidation (Section 351, BNS) used to create or enforce the will, the BNS would become applicable.

If you are the complainant

If you are in the position of the sisters, Priya and Riya, and anticipate a legal battle, here are the steps you should consider:

• Gather Documentation: Collect all possible documents related to the property. This includes the original sale deed of the great-grandfather, any partition deeds, and a copy of the will made by your grandmother, Mrs. Geeta. A clear chain of title is essential.
• Document Everything: Keep a record of all interactions with your mother where she makes threats about disinheritance. Emails, text messages, or even a diary of conversations can serve as evidence to establish a pattern of manipulative behavior, which might support a future claim of undue influence.
• Understand the Legal Grounds: Realize that simply being her children does not give you an automatic right to the property. Your challenge must be based on valid legal grounds for invalidating a will.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the potential victims of disinheritance due to manipulation, your focus should be on preparing for a future legal challenge.

• Stay Informed: Understand the legal reality that your mother has the right to dispose of her self-acquired property as she wishes. Your legal recourse is not to prevent her from making a will, but to challenge its validity later.
• Power of Attorney: Since you are NRIs, it would be prudent to execute a Power of Attorney (PoA) in favour of a trusted individual in India. This will allow them to act on your behalf, file legal notices, and represent you in court proceedings without you having to travel frequently.
• Preserve Evidence: Any evidence that points towards your mother’s state of mind, or any external pressure on her, could be vital. This includes medical records, witness statements, and communications.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Property and inheritance disputes are primarily civil matters, and the police have a very limited role. They will not intervene in deciding who owns the property or the validity of a will. Their involvement is triggered only if a specific criminal offence is reported. For instance, if you allege that a will was forged, you can file a police complaint. The police would then investigate the specific allegation of forgery under the Bharatiya Nyaya Sanhita (BNS). However, the civil court will still have the final say on the will’s validity and the distribution of the property.

FAQs people normally have

• Can my parents completely disinherit me?
  Yes, if the property is their self-acquired property, they have the legal right to bequeath it to anyone they choose through a will, thereby disinheriting their children. You do not have a birthright in self-acquired property.
• Is it easy to challenge a will in India?
  No, it is not easy. The burden of proof lies heavily on the person challenging the will. You must provide concrete evidence to support your claims of fraud, coercion, or lack of capacity.
• As an NRI, how can I fight a property case in India?
  NRIs can file and fight cases in Indian courts. You can do this by hiring a lawyer in India and giving them a Power of Attorney to appear and act on your behalf. You may be required to be present for key stages like giving evidence.

What evidence is required?

To successfully challenge a will, you would need strong evidence, such as:

• The Will document itself.
• Property documents establishing the chain of ownership.
• Witness testimonies, especially from the attesting witnesses of the will.
• Medical records of the testator (the person who made the will) to prove an unsound mind or illness that could affect their judgment.
• Evidence of suspicious circumstances, such as the main beneficiary playing an active role in the will’s creation, isolating the testator from other family members, or a sudden and unnatural change in the will’s contents.
• Any written or recorded communication (emails, letters, messages) that indicates coercion or undue influence.

How long will the investigation take?

This is a civil litigation matter, not a police investigation. Contesting a will is a lengthy court process. It begins in a trial court (District Court) and can take several years to reach a judgment. The process involves filing the suit, the other party filing their reply, framing of issues, presenting evidence, cross-examinations, and final arguments. After the trial court’s decision, the losing party can appeal to the High Court and subsequently to the Supreme Court. The entire process can easily span over a decade.

Advocate Sudhir Rao, Supreme Court of India