Advocate Rupali Awati

Questions Answered by Advocate Rupali Awati

Q: Legal procedure to challenge a Will

Hindu religion. 4 acre land was in my grandfather's name. He put his 4 children's name as legal heir, 3 daughter and one son.After my grandfather's death right of my grandfather was gone to grandmother. At the age of 97 my grandmother made will in her son's son name, her grandson. Now their r five names in 4 acre land. Now we r challenging her will on the ground that grandmother didn't consulted her daughters.we want 4 partying in 4 acre land not five. Can this happen. Can we challenge her will.

Advocate Rupali Awati answered
Dear Querist, For the purpose of challenging your grandmother's will, it is essential to check if the same was validly executed which can be ascertained only after thoroughly examining the will by an advocate. Furthermore since your grandmother was 97 when she executed her will, her mental and physical health as also whether the will was executed by her without any influence can be crucial factors while challenging the will.

Q: Grandmother's acquired property seized by Aunt going beyond will

Hi Sir/Madam,my grandma bought home in mumbai 23yrs back.My aunt(buwa)along with her family used to stay with grandma bcoz her husbnd didnt hav home in Mumbai.grandma stayed for apprx 4yrs and then died of cancer.before her death she made a handwritten agreement in front of all successors stating that aunt will only get a cupboard tv & fridge.& uncle(fufaji) should make his home in 1 year or 2 &leave this home.But unfortunately, they are still residing in the same house.The two major prob are:1.grandma's will is signed by all male successors but does not have witness sign.2.the said property(home)is going under redevelopment hence,the property has been auto transfrd to her.my elder aunt(buwa)is unknown of this auto transfer.i'd like to know if it is valid or not.&how can we get back the proprty.or else if my dad cant ask for his right,can we do as successors?Or else will is not needed for successor to ask for his right &can automatically get his right in property. thanks in advance

Advocate Rupali Awati answered
Dear Sir/Madam, For a will to be validly executed, it is absolutely essential that it be signed by 2 witnesses. In absence of the same, the will would not be valid in the eyes of law. In such a scenario, legally, the deceased shall be treated as having died intestate (without executing any will) and the beneficiaries/legal heirs will have to apply to the court for obtaining Letters of administration (whereby the court may declare that the living legal heirs are entitled to rightfully share the properties of the deceased).Furthermore in pursuance to your other question regarding the auto transfer of property in the name of your aunt, you may kindly note that so long as there is no valid instrument of transfer (as can be gathered from your query) evidencing the transfer of property in your aunt's name, it is advisable that the beneficiaries apply to the court for obtaining Letters of administration.