How can i challenge the will made by grandmother
25-Jun-2023 (In Wills / Trusts Law)
Hi Last Year i have lost my grandma my uncle executed will with the help of lawer and we were not involved in any discussion or will execution upon her sad demise we got to know about will where in partial or negligible amount has been allocated to my mother we never wanted part in property now my 2nd uncle has died and we dont want there children and wife to rippen fruits from grandparents whom they never cared can my mother challenged will and get equal right in property . Note that all properties were brought by my grandpa from hi income he died 30 years back.
I would suggest you to put up complete query because from the reading it appears that you have challanged the will already.
If the will is under challange than in that case we have to wait for the outcome. In the meanwhile make sure to estop them on execution of will at interim stage
If the will is under challange than in that case we have to wait for the outcome. In the meanwhile make sure to estop them on execution of will at interim stage
This is my response to you:
1. You can challenge the Will on the grounds of
a. Lack of testamentary intention;
b. Lack of testamentary capacity;
c. Lack of knowledge or approval;
d. Undue influence;
e. Fraud or forgery
2. Also, a family member can challenge a will on the grounds that they were not provided for adequately in the will. The law states that the head of a family is responsible for the proper maintenance of certain close family members who are specified in the Hindu Succession Act.
1. You can challenge the Will on the grounds of
a. Lack of testamentary intention;
b. Lack of testamentary capacity;
c. Lack of knowledge or approval;
d. Undue influence;
e. Fraud or forgery
2. Also, a family member can challenge a will on the grounds that they were not provided for adequately in the will. The law states that the head of a family is responsible for the proper maintenance of certain close family members who are specified in the Hindu Succession Act.
Yes! If you have a sufficient grounds to prove that the WILL is forged or it is not the actual WILL or any other reason proving the authenticity of the WILL, you can challenge the same. The WILL can be challenged on other grounds as well, but for that I need to check and verify the contents of the WILL and the contents of the Suit which may be filed by your Uncle for grant of probate.
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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