Cancellation of will

nikhil (Querist) 30 March 2014 This query is : Resolved
can anyone challenge the registered will after the death of will maker.
according to our registered will my grandfather divides his whole property in two equal parts between my father and my uncle.but my grandmother wants to challenge this will in court.is there any ground on which this will be cancelled.

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T. Kalaiselvan, Advocate (Expert) 30 March 2014
The beneficiaries in the Will should file a petition before the jurisdiction court to probate the Will, in that as a respondent your grandmother will be presenting her objections or will opt to contest the case, so the outcome of the case will be the result of validity of the Will. This is applicable to both registered and unregistered Will.

Rajendra K Goyal (Expert) 30 March 2014
She can challenge the will.

Proceed to get the will probated.

Devajyoti Barman (Expert) 30 March 2014
Yes, any prospective legal heirs of the testator can challenge the Will.
At the time of application for probate you have to send notice to your grandmother on receipt of which she can come to court to dispute the Will.

ajay sethi (Expert) 30 March 2014
executor should apply for probate . notice would be issued to all legal heirs . any legal heir can file a caveat and affidavit opposing probate . the testamentary petition would be converted into testamentary suit . grounds of challenge can be will is not signed by testaor . signatures are forged and fabricated deceased was not of sound mind at time of making will .

Guest (Expert) 30 March 2014
If the property is self acquired of your grand father you could apply to quash the objections easily.You could file a Kaveat now it self and could serve a legal notice to her stating no rights for objections and probate and execute the will at the earliest.

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