Registerd will
sachin
(Querist) 05 April 2015
This query is : Resolved
my grandfather have immovable property in up .my grandfather is died in 2007.my grand father can not write any type of will. After his death my grandmother & father's sister write the registered will of his part of property(these property part has taken in family dividation of grandfather's property ).this will is nominated in my-name.
these both(my grand mother & my father's sister ) has died in 2013.
This registered will can be challenged by my father 's brothers ?
if yes then how can short out this case in court .
what factor is effected this case ?
Advocate M.Bhadra
(Expert) 05 April 2015
WILL is valid after granting by the Court through a Probate Case. If you file a Probate Case then you have to party added to your uncle then he can challenge the said WILL. Irrespective the WILL share of property would be according to Hindu Succession Act.
ajay sethi
(Expert) 05 April 2015
you have to apply for probate of the will of your grand mother / aunt wherein property has been bequeathed to you . notice would be issued to other legal heirs namely your father , his siblings . any of the legal heirs can oppose grant of probate
prabhakar singh
(Expert) 05 April 2015
Yes! A will can be challenged by a person who could have inherited, had there not been a will.
The mode to challenge a will is a suit of cancellation of will by a decree of court to be brought with in three years from the date of knowledge.
The person who propounds s will is to formally prove it's execution and attestation and to wash every doubt the will is surrounded with and also why a natural heir was discorded.
Rajendra K Goyal
(Expert) 05 April 2015
All the documents need to be referred, consult local lawyer.
Will can be challenged if it is not probated.
