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Partition of property by panchayat can we challenge the partition


10-Jul-2023 (In Property Law)
Partition between dad and his three brothers for there parental property which has property of my grandfather and his brothers through there mother's(my grandmother) will is taking place. Partition was decided through panchayat which had friends of my uncles and some neighbors. There are some points on which my grandmother doesn't agree. Like eldest son getting the house alone, built by him using parental resources like bricks. She wants to give half of the house to my dad and his youger brother. She is not happy with the eldest two. Can she create a new will to counter this will later on?
Answers (2)

Answer #1
850 votes
Any partition done by the panchayat alone can be challenged in the court of law in due course. The Testator of the Will have all the right to amend his will at anytime and if so then the earlier will stands null and void. The inherited property if partitioned according to the proportionate value of the property.
Answer #2
868 votes
Certainly, a will can be created at any time, if any one has the real and absolute owner of any property.
However, the status of property need to be ascertain from the absolute owner, with respect to status/ capacity of your Grandmother with regard to creating a will.

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