ques1st will is being challenged what is the validity of subsequent will

The property was in the name of my mother. Later on she made a will in favor of her husband. Now my father died (mother also). My father made a new will in favor of me out of the four legal heirs.


My question is: Am I eligible to get entire property, although my mother's will is challenged by my elder brother and it is still to be executed. 


  • ans 

    When the First Will is challenged in law, it is presumed that your father is not yet declared the owner of the property till the Probate is granted. As you mentioned that your father died and he also made a Will, so in such an scenario you will have to go in for probating the Will, to become the owner of the property.


    The above mentioned advise is given based on the limited information provided by you, hence we will have to examine the application and the status of the case, to provide you with an accurate legal solution. 


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