How to challenge a will?
Querist :
Anonymous
(Querist) 15 January 2012
This query is : Resolved
my father and uncle owned a joint property in jaipur which was bought in 1957.in 1972 in was divided on separate name for both thier names.we stayed as joint family in the same bunglow.my father was unwell since 1998 and expired in 2005.in 2002 my uncle made him sighned on a will in which he transferd whole property on his own name.about which we were not knowing.now my uncle also expired 3months back and in his will he divided the property into his two sons.we are three sisters, all are married.my mom is alive and stays with me. can we challenge my father,s will and ask for the property rights for mom and we three sisters?
Raj Kumar Makkad
(Expert) 15 January 2012
You have every right to challenge the will of your father as the same seems highly suspicious.
You engage a lawyer and show him all the relevant documents and move ahead as per his advice.
C. P. CHUGH
(Expert) 15 January 2012
A Negative Will, requires more clear mandate and expertise in drafting. Your case is precisely the same, as your Father is alleged to have made a will leaving all his immovable property not to rightful legal heirs, such as his wife and children, but to his brother. Unless there are complelling reasons and the same are mentioned in the will document, a court would generally doubt the genuiness of such fabricated document and is always wllling to help those deprived by fradualent means. Immediately contact a lawyer and file pettition challanging the will. You are sure to get your rightful dues.
Guest
(Expert) 15 January 2012
ask your lawyer to file partition suit and in which challenge the will.
Y V Vishweshwar Rao
(Expert) 15 January 2012
I agree with Mr R K Makkad,Mr C P Chugh &Mr Ganesan!
What are the reasons to exclude his own kith and kin (who are naturally )entitled to succeed the Estate of the of Deceased. There must be valid , sound , believable reason/s, with surrounding Family Circumstances to support to exclude, with in the Will Deed to exclude his wife and Children. What made your father to exclude you from succeeding the property . Why this Will Deed was not brought to light during the life of Your uncle , why it was not made probate /or/ why not declared as valid Will Deed in any Civil Proceedings . These are the doubts, render the Will Deed ,as suspicious & invalid and can be declared as not valid will Deed!
ajay sethi
(Expert) 15 January 2012
agree with experts . the fact that no reasons are mentioned for exclusion of his iwfe and children and entire property is bequeathed to his brother is highly suspicious .
engage a local lawyer in jaipur
