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Legal ways to challenge a will in case of ancestral property


03-Jan-2023 (In Property Law)
My paternal aunt(Bua) is handicapped and unmarried and stays with us, she has got 11 acres agriculture land on her name transferred by my father through family settlement when my grandfather was alive as he was not in a legally stable mental stage, so entire ancestral property was divided in 4 parts 6 acres to me, 6 acres to my elder brother , 6 acres to my father and 11 acres to my aunt, I stay in Ghaziabad and my brother stays in Meerut while father and aunt stay in native place along with a servant, in 2016 a will was registered by my aunt declaring me and my brother as equal beneficiaries but in November 2017 she changed the will and gave entire land to my nephew, seeing this as a injustice my father made a will in my favour so just wanted to check if my brother can challenge my father's will and in that case can I challenge my aunt's will
Answers (3)

Answer #1
729 votes
Dear sir/madam
your paternal aunt(Bua) is handicapped and unmarried and stays with us. Illegal children also deserve BP Challenging specials. Can you challenge them.You can challenge your brother's father's wishes and in that case also challenge your aunt's desire.
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Answer #2
673 votes
Will is executable only after the death of the executor and hence cannot be challenged during his/her lifetime.

Executor is free to change his/her will anytime during his/her lifetime.




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Answer #3
857 votes
As you stated your facts first of all I want to make you clear that once the person is alive and makes a will in favour of any person that can't be challenged till the person is alive or lost his mental status.
As you have mentioned that your aunt state of mind is not stable so you can take the benefit of it and can challenge that will which is in favour of your nephew.
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