Will can be challenged?
Krishna
(Querist) 13 July 2015
This query is : Resolved
My grandfather has self acquired property situated in 4 villages covered by many survey numbers, In 1975 he executed registered WILL in favour of 1st wife son (1/3rd share), 2nd wife son (1/3rd), and 2nd wife (1/3rd) simply without specifying the exact land for whom which land belongs along with metes and bounds. WILL got attested by three attestors namely 1st attestor is the 2nd wife, and another two are neighbours and my grandfather demised in the year 1981, At present all the attestors died including my grandfather second wife also.
In 1993 the 2nd wife executed WILL to her grandson of her share (1/3rd ), in that she wrote high value properties to her grandson (where her husband has not mentioned anything property to her in the before WILL.
QUestion:-
1) WILL executed without survey numbers and specification of metes and bounds, so is this WILL is valid?
2) one of the Beneficiary of the WILL (2nd wife) being attestor, so is this WILL can be challenged to be invalid, that it was made by undue influence, coercion of the beneficaiary? what will be the probabllity of getting WILL cancelled in this case?
3) Is there any limitation for WILL to be challenged within specific period of time?
4) Is 1993 WILL can be challenged because she mentioned properties in favour of her grandson which was not specified by her husband in the before WILL?
5) According to Hindu Succession ACT Can second wife share of properties can be devolved upon first wife childrens along with her own childrens (where the property came to her by her husband, when husband died intestate.
R.K Nanda
(Expert) 14 July 2015
consult lawyer personally.
Rajendra K Goyal
(Expert) 14 July 2015
Consult local lawyer and show him all the documents.
Krishna
(Querist) 14 July 2015
Could anybody of you please reply to my query?
Krishna
(Querist) 14 July 2015
I have consulted many lawyers, some of them said registered WILL cannot be invalid, and some of them said registered WILL can be challenged on the ground stating that beneficiary of the WILL being attestor may raising doubt of genuineness of the WILL that it has taken place without free will of the tester and undue influence of the beneficiary..
And also i consulted one retired Judge, he said registered WILL become Void if you challenge on the ground of above in the court of Law.
Guest
(Expert) 14 July 2015
Only detailed examination of the will can help to arrive at some conclusive opinion.
BUT, a crucial question arises, what link you have got with the stated wills and why you want to challenge those?
Krishna
(Querist) 14 July 2015
i am the grandson (i.e my grandfather 1st wife son's son). whereas the WILL got executed on favour of my father (1/3rd share), on my grandfather 2nd wife (1/3rd share) and my grandfather 2nd wife son (1/3rd share).
But the exact fact happened is my grandfather made equal halves orally out of his total self acquired property to both wife son's but 2nd wife and his son with malafide intention made this WILL executed with undue influence to get 2/3 shares to them and only 1/3 rd share to us.
Now all of them are died except my grandfather 2nd wife son
