Legal Heir !
Querist :
Anonymous
(Querist) 15 July 2011
This query is : Resolved
Dear Experts of LCI,
A property come to a person 'X' from a family "F". Person 'X' written a will (which is unregistered ), transferring the property which he got from Family "F" to one of his family member. Now Family member of "F", is questioning this WILL ! Can they do this ? Legally/Morally do they have any right to do this questioning ?
Please reply me, at the earliest.
Thanking you ALL in anticipation of QUICK solution to my doubt.
R.Ramachandran
(Expert) 15 July 2011
Yes, anybody who is otherwise interested in the property and affected by the transfer of such property through WILL can challenge the WILL. It is for the beneficiaries under the WILL to defend the validity of the WILL.
Querist :
Anonymous
(Querist) 15 July 2011
Dear Experts,
I think i'm not explained the issue properly. It is like this...
The property from family "F" came to Person 'X' through a Registered WILL.
Person 'X' parted this property to one of his family member ( through a WILL, which is not registered),the family members of 'x' dint have any problem with the will of 'X'.
Only Family (Member) of "F", wants to challenge/questions the will of 'X'. My doubt/question is , can Family "F" member questioning the WILL of 'X'!
Once again, Thanking you ALL in anticipation of QUICK solution to my doubt
R.Ramachandran
(Expert) 15 July 2011
Dear Anonymous,
I have understood both the facts and query raised by you in your first post itself.
The point is, anybody who feels aggrieved, and some how interested in the property in question can challenge the WILL. Whether he will succeed or not is a different matter. (In the facts circumstances given by you, such a challenge will not succeed.).
However, you cannot avoid such a challenge since you have no means to prevent the other party from approaching the court. Therefore, if and when the party approaches the court challenging the Will, the beneficiary has to defend the Will. That's all.
Querist :
Anonymous
(Querist) 15 July 2011
Dear Sir R.Ramachandran,
Thank you very much for you QUICK and CLEAR reply.
