Challenge to the will?
Ramesh
(Querist) 03 July 2012
This query is : Resolved
Dear Forum Experts,
My grand mother gave property to my biological father through a Registered WILL( this fact agreed by the family in the court during submission of w.s).My biological father gave this property to me through a UN-Registered WILL.
My first question is can this family( of my biological father's Elder brother's Family, who is my grand mother's son-in law)question /challenge the WILL of my biological father's( through which i have received the property)?
I am from state of Andhra Pradesh, and the property is situated in Ranga Reddy district of A.P.
My second question is what will be the maximum (flat)fees payable if i go for probation of WILL( I was told that the probation of WILL, in A.P state is not mandatory!).
Please reply me at the ERLIEST. Thanking you ALL.
ajay sethi
(Expert) 03 July 2012
if grand mother had given property to your father and accepted by family your dad is absolute owner of said property . he can bequeath property to you by will
any one can challenge the will . what are grounds of challenge ?
if your father had signed will was of sound mind and attested by 2 witnesses will would be valid .
ajay sethi
(Expert) 03 July 2012
in mumbai it is rs 75,000 . dontknow maximum court fees in AP
N.K.Assumi
(Expert) 03 July 2012
Firstly, why an owner of a property executes a Will in favour of another is a matter of his or her choice. One may by a will deprive his close family members including his sons and daugtthers.He or She has a right to do so.The Court is concerned only with the genuineness of the Will and a Will may be executed even for the benefit of others including animals.As regard probate is not mandatory in some State, if that is so in A.P even without Probate legal right accures to you by virtue of the Will. But at the same time right to maintain a civil suit challenging the Will is independant of Probate and if your relatives as mentioned above has a direct interest in the Will property they can do so by filling suit, and it is for you to exert your right according to the nature of the property as to whether your relatives has any direct interest in the Will property. Plerase also note that registration of will is optional only.
