Challenging a Will bequesting agricultural land

Originally posted by : Aarti Kumari
	My friend's grandfather has bequested his property (ancestral which includes agricultural lands as well in Uttar Pradesh) in favour of his one son only by Will and died some days later, leaving nothing for the other one. Can this be challenged and Can his father get an equal share in the ancestral property ? Note - Grandfather was not in a fit state of mind since a few months although no evidence is there to prove that. He died one week after making the will.

@Aarti Kumari,

Your friend has to consult and engage a local prudent lawyer, however, the will stated to have been executed by his/ her grandfather can (rather has to) be challanged.

S/He (your friend) shall have to collect evidence(s) qua health, especially his mind issue of his / her grandfather

The testator (grandfather of your friend) can execute will for his share only.

It is advisable to ask your friend to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.  

How is that the property is ancestral? Moreover, it is of no consequence that the Will is unregistered. 

Of course, the Will could be challenged if it is not executed if the testator was not in a fit state of mind. However, it is for the plaintiff to plead and prove such shortcoming.