1st 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. 

Answers (1)


195 votes

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. 

Now get your legal will drafted by experienced and verified lawyers with LawRato's Make My Will service at affordable cost


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Wills / Trusts Lawyers


Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
24 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Wills / Trusts Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."