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Aarti Kumari   02 January 2021

Challenging the right to bequest agricultural land

My friend's grandfather has bequested his property (ancestral which includes agricultural lands as well in Uttar Pradesh) in favour of his two grandsons from one of his own son only by Will and died some days later, leaving nothing for his another son and his children.

Can this be challenged and Can his father get an equal share in the ancestral property ?

Note -

Grandfather was not in a fit state of mind since a few months although no evidence is there to prove that.

He died one week after making the will.


Learning

 4 Replies

Pradipta Nath (Advocate)     03 January 2021

Better to challenge the will.

1 Like

P. Venu (Advocate)     03 January 2021

Prima facie, there exists a cause of action. However, it is for the plaintiff to prove that the property was ancestral and that the Will lacks validity.

1 Like

Aarti Kumari   03 January 2021

Can the bequest of ancestral property (here including agricultural land ) be challenged in this case , as it is governed by UP state law and not Hindu Succession Act ?

Dr J C Vashista (Advocate)     04 January 2021

Your friend may or may not challange but do not repeat same story time and again since you have adequately been obliged by experts in your earlier post at https://www.lawyersclubindia.com/forum/challenging-a-will-bequesting-agricultural-land-214552.asp

Repitition is absurd, ridiculous and stupidity.

 


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