Will chalenging
Samudra
(Querist) 31 August 2021
This query is : Open
Can an Outsider of the Family challenge the WILL?
kavksatyanarayana
(Expert) 31 August 2021
Yes. A Will can be challenged by any person if the executor of the Will died.
K Rajasekharan
(Expert) 31 August 2021
A Will can be challenged in a court only by a person who raises a claim in his favour as per the Will. Whether he belongs to the family or not is not a material thing.
Unless he has a dispute with someone who makes a claim as per the Will, he cannot challenge the Will.
Dr J C Vashista
(Expert) 01 September 2021
Challenging execution of will is right of any person who has a claim, interest or right in the property left behind the deceased Testator.
However, the right can not be extended in rem.
Advocate Bhartesh goyal
(Expert) 01 September 2021
Yes, will can be challenged by any person whose rights and interest directly or indirectly affected by will.
P. Venu
(Expert) 01 September 2021
What are the facts? What is the context?
Samudra
(Querist) 01 September 2021
Facts: 1)A Lady Late Mrs. Radhamma, gave her property to her son in law's brother Mr. B, through Will ( which is registered ). 2) As her son in law Mr. R, had no issues ( Husband of her Only daughter Mrs. Bu) , he (they Mr. R and Mrs .Bu) adopted his younger brother's daughter Mrs. SU, to whom the property is tranfered. Furthur he adopted his elder brother's Son Mr. N, (also). After the death of Mrs.Radamma, Mr.R had taken GPA from his brother (Mr. S ), and actong on his behalf as GPA holder. 3) after death of adopted father and Biological father , Mrs. Su, came to know these facts through her Biological father (Mr. B' s )Will. And questionig (of these facts), her brother Mr. N, ( and asking for at least 50 percent of share of the property that had come to her from the above Wiils) as he refused part the property; She Mrs Su,
filed the case for partition of Property, in the District Court.
Situation: Now Mr. N, is questioning the the Will of Mrs.Su that had come to her throuh her Biological father ( this property had come to him through a Will from Late Mrs. Radhamma).
