Challenging the WILL ?
Samudra
(Querist) 30 June 2018
This query is : Resolved
Will was written by grand mother in the year 1976 (now no more), property is given to my biological father. My adopted father (I have come to this family as adopted daughter) acted upon the WILL. Later my adopted family adopted a male boy, and denying my right in the family. By seeing all this my biological Father wrote a WILL by transferring ALL The Property which he got from my grandmother (of the adopted family) in the year 2010. Now, All of them have died. My question is, can my co-adopted male Child family can challenge the WILLS of 1976 & 2010.
Thanking you ALL in advance.
Sudhir Kumar, Advocate
(Expert) 01 July 2018
not able to clear the facts.
on what ground the will is to be challenged
by whom it is to be challenged
when the will was executed.
Guest
(Expert) 01 July 2018
When the Will was written in your favour no body else could claim Rights.
Guest
(Expert) 01 July 2018
Better to Probate the Will in the Court so that your hold would be legally more strong.
Guest
(Expert) 01 July 2018
Discuss with a Local Good Senior Advocate with his efforts he could probate the Will in 3 month time it self.
Sudhir Kumar, Advocate
(Expert) 01 July 2018
every WILL is meant to be challenged on several grounds :-
(1) description of property is vague
(2) description of beneficiary is vague
(3) the author has no title on the property willed
(4) The property was ancestral
(5) The author was not in good mental health
(6) will is not witnessed
(7) will is not legible
(8) signature on will are obtained by deception/cheating/threatening
(9) signature are not of the author
(10) place of will is wrongly recorded
(11) will has been replaced by subsequent will
Ms.Usha Kapoor
(Expert) 01 July 2018
Agree with Narasimha andsudhir Kumar.
Samudra
(Querist) 01 July 2018
Thanking you All. N J S Rajkumar Garu, I am from Hyderabad; is Probate of WILL is necessary in this region of Telangana ?
Surrender K Singal
(Expert) 01 July 2018
Let us wish Expert Narasimha is at Hyderabad too !
Samudra
(Querist) 01 July 2018
Dear Sudhir Kumar Garu, I agree with you.But , Can a third party (mean out side the liniage) can question/challenge the Will?
P. Venu
(Expert) 01 July 2018
The property bequeathed by the Will is vested with you. Your title is absolute. Moreover, you are among the legal heirs to the intestate property of your adopted father; adopting a son has not divested you of your rights to inherit.
The facts posted suggest that there are deeper issues.
Sudhir Kumar, Advocate
(Expert) 01 July 2018
Only that person can challenge a will who stands to lose any inheritance by execution of WILL (i.e. the person who stands to gain the bequeathed property if WILL is rejected).
kavksatyanarayana
(Expert) 01 July 2018
Will was written by your grandmother giving her property to your biological father. Whose mother (that means to biological father or adopted father) is your grand mother? if the property was given to your biological father by your grand-mother, your adopted father acted on the will? In which way he acted on the will. Your query requires clarity as already expressed by expert Mr. Sudhir Kumar ji.
Samudra
(Querist) 02 July 2018
Thankyou you ALL. Grandmother (mean)is mother of my adopted mother. Will is of this grandmother of the year 1976. In this Will property is given to my biological Father. Adopted Father is taken GPA from my Biological Father and contested Some property matters in Court cases on behalf of my Biological Father.
krishna mohan
(Expert) 04 July 2018
When your biological father appears to be the owner and given GPA to your adopted father then what is the issue. It is better to consult a lawyer specialized on property matters for right advise as many clarification may be required on perusal of documents.
Samudra
(Querist) 04 July 2018
Thankyou ALL.
P. Venu
(Expert) 05 July 2018
Your further postings suggest that there are deeper issues. What prevents you from posting complete facts?
