Community › Forums › Legal Advice India › Property Dispute
- This topic has 2 replies, 3 voices, and was last updated 1 year, 2 months ago by
Desiknight9081.
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AArohibear104
PARTICIPANT
April 17, 2025 at 2:23 amHi everyone,I’m looking for advice or guidance on a family inheritance issue that recently came up after the passing of my grandmother in New Delhi.
She owned a home there, and in her original will, she clearly stated that the property should be evenly divided between her three sons (my father and his two brothers). However, after her passing, we discovered that the eldest brother had made changes to the will, supposedly giving the entire home solely to himself.
He had the updated version notarized by a lawyer and also has video footage of my grandmother verbally expressing that she wants him to have the home. The issue is that:
• The other two brothers were not informed about this change at any point.
• My grandmother’s health and mental state were deteriorating around the time this change was made.
• There is strong suspicion among the family that the eldest brother pressured or manipulated her into changing the will.We are now looking into whether this updated will can be challenged, especially on grounds of undue influence, lack of mental capacity, or lack of proper procedure. From what I understand, the last will usually holds legal weight, but only if it was made voluntarily and while the testator was of sound mind.
Has anyone dealt with something similar in India, particularly in New Delhi? If so:
• What steps can the other siblings take to contest the will?
• Is video proof enough to override a written will?
• What kind of evidence would be needed to support claims of coercion?
• Can anyone recommend a reliable probate or inheritance lawyer in Delhi?Any advice or shared experiences would mean a lot. Thank you!
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DDesiknight9081
PARTICIPANT
April 17, 2025 at 4:05 amHi. I’m a Delhi based lawyer. This doesn’t sound very lawful, on the face of it. Glad to discuss at length. Changes cannot be made in a will in this manner. Ideally a new will is executed or a codicil is made which is a new legal document containing modifications in the will. -
BBrightseeker9869
PARTICIPANT
April 17, 2025 at 5:05 amLawyer here based in Delhi and having dealt with multiple probate and inheritance cases, i would say that your premise that “only the last will holds legal weight” is wrong.
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