Sue against will

Querist : Anonymous (Querist) 08 May 2010 This query is : Resolved
Dear All

Our property is name of my grand mother who is 80-85 year old but yet she has not prepare the will in the name of any body even not share in my father and uncle but my grand mother live with my uncle from day one. now she is going to prepare the will for the name of uncle under the peressure. Let me know what can I do for avail my right in this property. it is not ancesetral property.

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Guest (Expert) 08 May 2010
Since it is not her ancestral property, she has got every right to write her 'Will' in anybody's favour. Try for mediation through family elders. The other option is to contest the 'will' after her death on the grounds that since she was living with your uncle, he has used 'undue influence'.

Virender Pankaj (Expert) 08 May 2010
You have no right in the self-acquired property of your grand mother until and unless a will is executed in your favor.

A person of sound mind can bequeath his/her property by virtue of a will, if executed without any coercion, pressure, undue influence or fraud.

Your father may challenge the will after its execution by filing a suit for declaration to declare the will as null and void.

Parveen Kr. Aggarwal (Expert) 10 May 2010
A property which is not ancestral can be bequeathed by owner thereof in favour of any person and nobody has right to ask him or her not to do so.

It is advisable to challenge the will only after the death of its executor.

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