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Hazel Miranda (BA)     07 September 2012

Daughters to challenge father's will

My grandfather has left behind a will, wherein he has left his 3 daughters a share of 20% of his total property, whereas his 2 sons get access to 80% of his property. One of his son is not married and is dependent on the elder brother who is well settled. Can my mom and her sisters challenge the will?



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 September 2012

On what basis your mother and her sisters want to challange the will? If it is the self acquired property of your grandfather and the will is otherwise valid then there is no point in challanging just on the basis of unequal distribution.

Anish Thakur 7018812737 (advocate)     07 September 2012

if the property is self acquired property of your grand father then he is/was free to make will of his property ,however you feel that will is made in any force/coercion/undue influence you can challenge that will .

if the property is ancessotral property then your grandfather can make only will of his share and your mother have equal right on that property as your unclkes have in that.

pooja choudhary (ass. manager in travel and trade)     10 September 2012

helo sir/ madam 

i am the only duaghte of my father he  is a retired army person (retired in 2009) .he is having 4 brothers. he live in bihar. now after retirement he shifted to home town. my grandfather died 30 yrs before. now my father wants his property bak but the 4 brothers are not rady to do that as thay feel that my father is not having any son. 

as issue was rased in front of panchyat and after the stragal of 2 year my uncl had divided the rasidancial house but not ready to sign the property paper  and also not dividing the other lands.

thay had taken all the gold and valubal things of my grandmother without informing my parents. my father want to avoide the case and the court .kindly suggest what we should do to get our thing back.

Hazel Miranda (BA)     10 September 2012

Hi,

My mother feels that this will is influenced. They want to claim a share not on his personal earnings but the property that he has inherited from his father i.e. ancestral property.

However his father (i.e. my grandfather's father) had rightfully transferred his land onto his son's names. Does this property still classify as ancestral?

Also, what role does an executor play? The will mentions that the executor will execute the will, however no one has been nominated as an executor. What is to be done in this case?

Anish Thakur 7018812737 (advocate)     10 September 2012

@ Pooja chaudhary,

you are requested to contact us on 9459321520 with your case detail.

@ grand daughter

you can challenge the will on the ground of undue influence ,contact some local lawyer of your area for better and deep discussion of your topic.


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