Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Can this will be challenged?

(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 except 2nd wife son (one of the beneficiary).
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 any specified 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
repeated query.
Rajendra K Goyal (Expert) 14 July 2015
No reply if query repeated.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :