Property in Hindu Succession Act

Querist : Anonymous (Querist) 02 November 2009 This query is : Resolved

What are the chances of getting share in the parents property by their children whose parents die intestate without leaving any will. Thereafter some unscrupulous family members create a will to usurp the property. Is the will challengeable by children . How to proceed to get their rights in the deceased parents property.

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Adv Archana Deshmukh (Expert) 02 November 2009
If the property is ancestral, the children can file a partition suit and get their share even if there is a will. And even if the property is self acquired property of the parents, and the will is forged, the children can challange the will.

Raj Kumar Makkad (Expert) 02 November 2009
No rights automatically go in favour of the beneficiary of the will. He is bound to get it probated from the competent court of law impleading all other legal heirs of the deceased and general public. Will cannot sustain if the property mentioned therein was ancestral in the hands of deceased and if it was self acquired then will can be challenged on certain other ground like the mental condition of the deceased at the time of execution of the will, force, coercion, undue influence, technical reasons etc are other groud which can become the part of chellange.

niranjan (Expert) 02 November 2009
I am of the opinion that challenging the will is difficult task, but I would suggest that the suit for partition should be filed and let the will be proved by the defendant, where pltff. will have opportunity to challenge it in a better way.Let the burden be on the deft.

PALNITKAR V.V. (Expert) 02 November 2009
I support Archana's opinion.

adv. rajeev ( rajoo ) (Expert) 03 November 2009
In the ancestral properties every member of a joint hindu undivided family has got equal share. Upto 3 degrees they can claim the share.
If will is created then it has to be challenged. Burden lies on both the parties to prove and disprove the will.

Sachin Bhatia (Expert) 03 November 2009
Yes the will can be challenged by children. They can also file a partition suit and get their share even if there is a will.

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