Challenging a will

ravi jain (Querist) 18 April 2013 This query is : Resolved
my mother had left an unregistered will. she died in 1995. on the basis of that will my brother has inherited the entire house and has done the mutation process now. can i challenge will now?

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Devajyoti Barman (Expert) 18 April 2013
where are you from?
In most cities Will without taking of probate has no force nor without it mutation can be done.
In any case you can challenge the Will.

ravi jain (Querist) 18 April 2013
i have got to someone that there is a limit of 12 years within which i can challenge the will . the will was written in 1995 and my brother has done mutation now. scan i challenge it

ravi jain (Querist) 18 April 2013
i belong to muzzafarnagar uttar pradesh

Devajyoti Barman (Expert) 18 April 2013
Yes, you can challenge.
You have to state that you have come to know about existence of such Will recently.

Raj Kumar Makkad (Expert) 19 April 2013
Instead of directly challenging the will, you should file a suit for partition and possession against the entire property left by your mother and let your brother come with that will in written statement. Then apply to put the original will on file of the court and do challenge it on possible grounds otherwise law of limitation can come in your way.

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