This question refers to Test Case no 48/2014 in the High Court of Delhi My mother (a UK citizen and OCI) lived in the UK (where she co-owned the family home with my father and me) but had self-acquired property (and substantial assets) in Delhi. She had made a Will in England but there was no separate Will in India. Her Will bequeathed her property and all financial assets to her husband (my father). My mother died in 2013 and in 2014 my father obtained a letter of Administration over her estate in India. I am a British citizen and OCI living in the UK. Do I have any inheritance rights to my mother’s estate in India?
1. it is not clear who is or are the beneficiaries of the Will.
2. Since Letters of Administration is issued the holder of the same will have to act as per direction of the Will.
3. It is not clear whether you are the beneficiaries of the Will or not. If yes then you are entitled to its share.
4. The nationality issue of yourself has no role to play herein.
Sir since there is will mentioning the last testament of the testor even made in England the will is valid and the property shall be bequeathed as per will so rights sha be created as per same so you have no.right.
The will made by her in England would be enforceable for the assets in India too. Therefore, you would not have any share unless you challenge the will.
You have no rights.
As far as share in mother property is concerned the first share will be of he side and not husband side.
If in the Will made by your mother in England includes her assets in India as well, then your father could have probated that Will in India by filing a probate petition
It doesn't matter where the Will is made and where the assets of the testator are situated
If the mother's Will has excluded the assets in India, then it means it can be distributed among her legal heirs which includes you as well
As your father has already obtained letter of administration for her estate in India, he can transfer your share in that estate by executing and registering transfer deed in your name
The above is assuming that mother had not bequeathed her Indian assets by her Will made in England
It is necessary to peruse the will executed by your mother
2) when your father made application for LA in India you must have been served
3) did you submit any objections to grant of LA in favour of your father in India ?
4) if you had done so it would have been converted into testamentary suit
5) need further factual details to advice
1. Even if the will was made by her outside India as long as it was compliant with Indian law it will be a valid bequest in India. According to Indian law a will has to be attested by two attesting witnesses, so if this is done then it is valid in India also.
2. You have been excluded from succession by her, hence right of inheritance does not survive to you.
the will is absolutely legal and binding upon properties in India despite made abroad,
you are not entitled to any share in the property,
The property belonged to your mother which she willed it to her husband. Now the property belongs to your father.
You had inheritance rights over her property if she had not written her will. The will abolishes all inheritance rights.
Now you do have a right in that property as it now belongs to your father and being a son you have a right but in case he too wrote a will then you don't have a right.
Regards
Hi,
Since the property of India was self acquired by her, you can't claim your share in that property,
You are disibherited by mother through WILL, You had inheritance right on her intestate death.
1. Your mother has bequeathed all her properties in favour of your father.
2. Her properties include the propertis in India also and will can be executed anywhare even by wriyng on a peace of paper. There should be two witness to testify in support of the will as per law.
3. In the given circumstances, your father is the title holder of the asid properties of your mother in India by virtue of her said will and you can claim his said properties in India only after his demise, intestate.
Dear client
The Indian law states that there should be a separate will governing the property in India and should not be clubbed with overseas will. And the will which was drafted and registered overseas must be a qualified will according to Indian law.
So you will have inheritance right on the property of your mother situated in India.
Just a letter of administration doesn't make your father as owner of the property.
If your mother was reported to have died intestate then you could have claimed your legitimate share in her property as a right, however since she has bequeathed the property to your father by a Will, you do not have any rights in the property at least not during your father's lifetime.
