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.

Answers (4)


177 votes

See under Hindu law there are various kinda of property. Therefore first it is necessary to ascertain character of property.because succession of property depends upon nature or character of property. Let's consider the land was separate or self acquired land of your grand father. After his death his legal heirs i.e son and daughters become legal heirs along with grand mother also. Therefore grand mother can bequath her undivided share to her grand son. For that purpose consent of other co-owner is not necessary. You can challenge will but not on this point/ground but others which are available in law.


Googling your legal issue online?

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

253 votes

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.

Popular Wills / Trusts Lawyers


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
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
35 years Experience
229 votes

It is a persons wish to give his her right on her properties to anyone by way of will. U can challenge he validity of the will but not on that she did not consult her daughters it’s her wish to whom she wants to devolve her rights after her death. study of documents will etc will help in giving proper advice

274 votes

Yes, you can challenge will at the time when your grandmother goes to the court for probate of will, at that time you can challenge.
Yes, you can challenge will at the time when your grandmother goes to the court for probate of will, at that time you can challenge.

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."