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TANMAY (DY MGR)     18 February 2012

Property gifted thru will

My grandfather who had 2 sons & 2 daughters , has secretly made a will & gifted the entire property ( which  was registered  in his own name )  to the elder son of the family , after his death.

In fact when my grandfather was bedridden due to long illness , the elder son used to stay with the grandfather at my  grandfathers residence , & infact had forced him to transfer the entire property in his name , since the elder son had no other source of income or employment .

 

Now that my grandfather has expired, the entire property has been taken over by the elder son of the family or rather the elder son has seized the entire property of ours & has registered it in his name as the legal heir.

 

However the remianing daughters & sons also being the legal heir of the property are unable to get hold of our share of property , so that it is divided after mutual discussion .

 

Please let us know can we contest the will under legal grounds



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     18 February 2012

You can challenge the Will on the ground of coercion, fraud or  mis-representation.  

Moreover, bequething the whole property to the elder son ignoring other children creates a suspicion about the genuiness of the Will.  Once, you challenge its legality, the elder son has to prove the due execution of the Will as per law and that it is free from suspicion.   

Shantilal Pandya ( Advocate)     19 February 2012

The will can be  challanged . in which  case  burden of  proving  genuineness of the  will  wil be upon propounder of the  will.  there may  be  so many  suspicious  circumstances. bequesting  entire  property  to the  exclusion of  other  legal heirs   would be one of them ,  If  the propery is  self aquired by  the  grand father in your  case  the it  can be  disposed  off by will  to  any one   even to the  exclusion    of  other legal heirs,  the fact  that  the   legatee  was  looking after the  deceased  and the others  were not  is  a  circumstance  going  against you . the  the property  can be  gifted   away  out of love  and  affection also , the  fact that  the  legatee  might  have  applied undue pressure   on the testator  to execute will in his  favour   is  a  question of  fact  to be  decided in the  suit ,

Rajeev Kumar (Lawyer/Advocate)     19 February 2012

I agree with experts

K.P.Satish Kumar (Advocate)     19 February 2012

If it is not a genuine will then you can challenge it in the court of law. The will may be written in suspicious circumstances or obtained by fraud or undue influence or a frabiricated one. So send a legal notice for partion with other legal heirs. If the elder son dosent accept partition then file a partition suit. Let him prove the genuity of the will.

K.P.Satish Kumar M.L.

Advocate Chennai

@ 9962999008

https://yourdivorceadvocate.blogspot.in/


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