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Challenging Will signed on june 2015 in district sub- registry office


24-Jul-2023 (In Civil Law)
My Dadi(self acquired property by late dada, a rail employee) a housewife had a property, who died on Jan 2017.she has 3 sons, and 3 daughters.Will was written in the name of my youngest uncle with witness my 2 youngest phuas on June 2015 in district sub- registry office,while the elder 2 sons(eldest: my father) and 1 daughter neither had information nor any idea about the will. Now the letter of Probate has arrived. All three want to file partition suit against youngest brother.All son lives in the ancestral property while all daughters are married.All are Hindu by faith. can the WILL be challenged and on which grounds Thanking you in advance
Answers (3)

Answer #1
669 votes
You have lost your opportunities to challenge the will during the trial of Probate case filled by your uncle , why not your father have appear in probate case reason best known to your father . However you can file a Partition suit before appropriate court with a ground that your dadi had no right to execute will of entire property.
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Answer #2
558 votes
dear Client.
yes the said WILL can be challanged .. Grounds can be gathered after going through the WILL made may your dadi and after havaing a descission with you ....
its not possible to make such advice without going through the said documents....
with regards
Adv Uttam Tibrewal
Ranchi
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Answer #3
976 votes
Respected Questioner,
In your case after the sad demises of your grandfather property shifted to grandmother that is a self acquired property. You can challenge WILL in probate case because Grand Maa have no right to execute whole property of your grandfather to one legal heirs. As per the law of India it was the duty of the grandmother to share the property equally among all legal heirs . As per your query you have right as a son can challenge the " WILL" before the appropriate forum of Court. Feel free to call me for better assistance. Give me your valuable feedback..
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