Whether Someone can Challange a WILL-----Urgent
joginderkumarca
(Querist) 09 February 2011
This query is : Resolved
hello friends,
A person die after making a Will in the name of his sons. Now his daughter has filled a case for his share from the property of the person.
Can somebody tell me whether his daughter can file case and what result will be of this case.
Will is a registered document.
Must reply
adv. rajeev ( rajoo )
(Expert) 09 February 2011
If the self acquired properties given thru., will to his sons by the deceased, daughters cannot claim any share. If the properties are ancestral properties then daughters can claim their share.
Will can be challenged even if it is regd.,
Amit Minocha
(Expert) 09 February 2011
She would have to prove the title and her right as said by ADV Rajoo, if the 'will' is there the beneficiary should apply for the probate of the same.
Kirti Kar Tripathi
(Expert) 10 February 2011
No one can stop a person to file a case against another person but question arises whether the case is maintainable. in the present case, if will pertains to her self acquired property, it is perfectly legal and the daughter have no right but if it is ancestral, the will is illegal and daughters have right as per Hindu Succession Act or Indian Succession Act, which ever is applicable..
