How to get my right on my grandfather's property
03-Sep-2023 (In Family Law)
My grandfather had 6 children, including my father. My father, my grandfather and grandmother are no more now. The youngest uncle has got the only property of my grandfather transferred on his name through a will, which is most probably a registered one. Also, we've got to know that he is planning to sell off that property. How can we challenge that will, stop him from selling and claim that property?
You need to challenge the will before a competent Civil Court for which you have to file a suit for partition claiming your share in the property and also file a separate application seeking a restraning order as regards the subject matter property so that your uncle cannot sell off the property or deal with it otherwise. Once the matter is before the Court you will have the opportunity to challenge the will and have your share from the property to the extent that your father was entitled to incase you are able to make out your case. Feel free to raise another query if need be.
Yes, that Will can be challenged merely if the consent of your grandfather was given out of undue influence, coercion, etc. or if he wasn't mentally fit to execute any will. It also depends on many things few illustration I have shared here.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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