Legal rights of children in fathers property

My father passed away recently.After this my step-mom came up with the claim to the house and all properties attached in my father's name as her. She claims that my father has written a WILL stating all movable and immovable assets be transferred to her name and her daughter with no shares for me and my brother. She mentioned my father already made this WILL 5 years ago before his death. We are a christian family and don't know if me and my brother are entitled to any share legally

Answers (4)

167 votes

If your father died after writing a Will, all his properties will go according to the terms written in the said Will. For that purpose, you have to examine the contents of that Will. Three things are mainly to be examined:
1. Whether that Will is a genuine one or Fake one. For that purpose the Will has to be examined by an advocate or anyone who knows about it.
2. What are the assignments with regard to the properties of your father made in the Will is to be examined. If your father has not allotted any property to you or to your brother in the Will, that means you have no right in the property.
3. You have to ascertain through enquiries whether the present Will is the last written Will or not. If he has written any subsequent Will after the present Will held by your stepmother, only the last written Will has the legal validity. For this purpose, you have to make enquiries with the immediate relatives of your father.
Therefore, your first step is to demand a copy of the Will from your Stepmother and get it examined as above. In case you need any assistance, you may contact me.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

231 votes

If there is no Will, the property will devolve upon his legal heirs which includes you and your brother. However since your step-mom is claiming about a Will, situation will be different. Even if there is a written Will, if you challenge the Will in the court, they have to prove the genuineness of the will by examining the attesting witnesses to the Will and by scientific forensic methods. You can file a case for partition of the property claiming to be a legal heir who is entitled for a share in the property. The court will decide the issues on will and other things in it.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
299 votes

After the death of father his properties are equally distributed among his legal heirs. If he executed a will in his life time if so the property distributed according to will. A Will is a document which ensures that your wishes with respect to your assets and property are followed after your death.

If your step mom is standing in the way as she got the right over the whole property by way of will, then you should file a partition suit and challenge the will. If you can win the case then you got the share

210 votes

you and your brother are entitled to the share. You can challenge the authenticity of the Will and get an injunction order and also an order to cancel the alleged Will. A suit for cancellation of the Will made out of fraud and undue influence can be filed before the civil court

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles