AKV (Student) 28 November 2013

Time limit to challenge a will.

My grandfather made a will on 4 April 2006 of the properties which were actually registered on the name of my grandmother. My grandmother died on 10 May 2001. My grandfather being an illiterate man thought that he is now the sole owner of his wife's property after her death had made such a wrong will in the name of my uncle.

Now I want to challenge the will, but someone told me that there is a time limit of 3 years to challenge such will. Is it true?

Can I challenge the will now and on what grounds.

Please clarify

Thanks

Anshu

Reply Follow

3 Replies

T. Kalaiselvan, Advocate (Advocate) 30 November 2013

If your grandmother died intestate, her properties will devolve upon all her legal heirs which is her sons, daughters and husband. Your grandfather has no right to bequeth the entire property to some one through a Will, the Will cannot be enforced and it is invalid, illegal and void. The other legal heirs may file a suit for partition among the surviving legal heirs claiming heir legitimate shares. The time limit is 12 years from the date of knowledge.

1 Like

AKV (Student) 30 November 2013

Thanks T. Kalaiselvan Sir.

Please clarify one more thing.

One more property was registered on the name of the 'Father of my Grandfather' i.e. my Great Grandfather; on which also my grandfather had made a Will thinking that he is now the sole owner of that property by inheritance. My grandfather got this property on mutual partition among his brothers after the death of my Great Grandfather, no Will or Sale Deed was made.. Remember, the property is still registered on the name of my Great Grandfather.

Should this Will also be an Invalid one?

Thanks

Anshu

T. Kalaiselvan, Advocate (Advocate) 30 November 2013

Though oral partition is not a new thing in the Hindu joint family property and has been accepted, it can still be disputed. In your case, your grandfather's descendants have right in their ancestral properties, i.e., the grand sons/great grand sons. If you want to claim your legitimate share in the property, approach a lawyer locally with full details for the relief and further course of action.