Father suffering from mental problem. Who will be entitled to property

My father is retire from govt. job & purchase a property ( House) in Dist- Sharanpur & we are two brother & one sister. All children is married . My mother is also retire to Govt job & she lives with me. My younger brother has been stable the business in another city & last month my father leave us & leave with him. I feel that he will do the registry at the name of my younger brother. My father has something mantle problem. Now please suggest us that who will be entitle of this property.

Answers (1)

232 votes

If the property was self acquired and if your parents have given the property to your brother by way of WILL, then you can challenge the Will  under Section 61 of Indian  Succession Act  states that a Will, or any part of Will made, which has been caused by fraud or coercion, basically not by free will, will be void and the Will would be set aside.

Further in your query you mentioned that your Father has a Mental Problem. So, If he will makes a WILL, you can again challenge the Will on the ground that Will was not made in stable condition.

Further if your father purchases the house in your brother's  name then you cannot challenge the sale , because it is your father 's money self acquired and he can give the money  to anyone.

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