Apni Law Staff asked 1 year ago
My father, after his first wife passed away, married my mother. He had a son and daughter from his first marriage. Before marrying my mother, he wrote a will leaving the house to his son. He explicitly mentioned remarriage as the reason for this decision. After my father’s passing, we signed a settlement deed, giving the house to my brother. Can my mother revoke this deed and claim her share? Do I have any claim on the house?
Best Answer
Apni Law Staff answered 1 year ago
Under Indian law, a will can be revoked by a subsequent marriage. Your mother might be able to challenge the settlement deed based on this, as it was executed under the influence of the will, which was revoked by your father’s remarriage. Your claim on the house would depend on your mother’s success in challenging the deed and the specific terms of the settlement.
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