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In India, a father doesn't want to include his son's name in his will. Does the son have any rights to file a case in court against this?
Manoj Sharma
The owner of the property is in his full rights to bequeath the same in whosoever name he wants by making a testamentary document i.e. a Will. It is not mandatory that the father is under a pledge to bequeath his property upon his children. He can include and exclude anyone he desires.
In such a case, where the property is not devolved upon his son through a Will, the son is not entitled to any share in his father’s property and is explicitly excluded from challenging the same unless and until the Will can be challenged on the basis of fraud or coercion.
Moreover, if the property is ancestral, then the son having hereditary right over his share, the father cannot make any Will and in such case it can be challenged in a Court of law.
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