My father had bequeathed some asset to non-family members? Can we problem it?

We are a Hindu Family. My father had bequeathed among the asset to non-family members? Can we problem it? 

Under the provisions of Section 30 of Hindu Succession Act, 1956 learn with Indian Succession Act, 1925 a Hindu is entitled to bequeath his self-acquired property the way in which needs. So he was entitled to bequeath his self-acquired belongings to anybody together with an outsider to the exclusion of his authorized heirs. So in case the need is validly made the bequeath can’t be challenged solely on the bottom that among the asset have been bequeathed to non-family members. 

In case of share in belongings of a Hindu Undivided Family (HUF) a coparcener is entitled to bequeath his share within the HUF to anybody purchase not past his share within the asset of the HUF. So right here additionally you can not problem the bequeath whether it is restricted to his share within the HUF.

However, if the you are feeling that the need was made beneath coercion or fraud or beneath circumstance which point out that your father made the Will which point out that he was not ready to take rational determination in regards to the bequeath. Additionally, you may problem the identical if the need just isn’t validly executed that means that both it has not been signed by your father or the identical has not been witnessed by no less than two witness who’ve obtained affirmation out of your father that he had in truth signed the need.

Balwant Jain is a tax and funding professional and might be reached on jainabalwant@ gmail.com and @jainbalwant on Twitter

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