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

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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/