Inherited property
ketan maniar
(Querist) 28 January 2015
This query is : Resolved
When a childless couple dies, ,they have willed their property to some relative but this will is challenged in the court by husband brother's children.
The property was willed to one of children from wife's brother, who had 10 children. Can balance 9 children too challenge the will?
Wrost is ,after 25 years of this childless couple death, this problem has cropped up.
Please advise me where I can do research on this matter. I am worried as will lose the house in which I am staying.My lawyer are good, but very busy to do any good quality research.My lawyers inform me that since on notice was given to all aspiring near relatives therefore they can technically raise objection any time. Please advice.
If one relative win, can it be safely be assumed it will be have to be shared with all.Today their will be about 40 grandchildren
Jayashree Hariharan
(Expert) 29 January 2015
They have the right to challenge the Will.
But the property will go to the child in whose name it has been willed.
If they challenge, they have to prove that the Will is false.
ajay sethi
(Expert) 29 January 2015
apply for probate of will . are any attesting witnesses alive
P. Venu
(Expert) 29 January 2015
There is not much to worry. It is for the plaintiffs to prove that the will was not genuine.
Has the mutation been carried out in the village/public records on the basis of the Will?
Rajendra K Goyal
(Expert) 29 January 2015
The other brothers can challenge the will.
You can read the law involved in law library if you have approach.
Better leave the law portion to your lawyer and act as per his guidance.
Moving for probating of the will would help.
ketan maniar
(Querist) 29 January 2015
If one relative wins, can it be safely be assumed all relative will get its due share. Today their are about 40 grandchildren
ketan maniar
(Querist) 29 January 2015
One witness may be alive. The couple passed away 25 years ago.Time limitations act does not come in force.?
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
What kind of research you want to do on this issue? What do you mean by if one relative wins?, has that relative filed a suit and has the court decided?, If the property bequeathed as per will has been taken possession and had been under the enjoyment of the beneficiary for all these years, the latest development seeking share in it after so many years is unfair and contrary to the provisions of law of adverse possession. You have appointed a lawyer, he will take care of the issue, have faith in him.
