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Sumit Arya   10 October 2021

Can a valid will be challenged

My father purchased a property and before his death he wrote two wills -
1. One for me - 204 sq yards
2. And other for all sisters and brothers - 125 yards
My elder brother is very smart. He registered his property in his name at the very beginning due to some legal issues with his property- 165 sq yards

Main issue - out of my 204 sq yards property 18 sq yards has went to adjacent property which is a combined property of all siblings which makes it 143 sq yards but in will it is written 125 sq yards

I have asked all my siblings to give back my 18 sq yard property but they are repeatedly denying and threatening us to quash all wills and demand their right on the total property.

Nobody has occupied the 143 sq yards property

Can they challange a property whose will has been made?
And can I get back my 18 sq yards


Learning

 6 Replies

N.K.Assumi (Advocate)     10 October 2021

Yes, if there is a fraud, challenge it in Civil Court.

Advocate Bhartesh goyal (advocate)     11 October 2021

Yes, will can be challenged on grounds of fraud,coircion and undue influence

Dr J C Vashista (Advocate)     11 October 2021

Despite the fact experts Mr. N K Assumi and Mr. Bhartesh Goyal has obliged, the query is not very clear to me.

P. Venu (Advocate)     14 October 2021

Yes, the facts posted are too vague to offer a meaningful suggestion.

Sumit Arya   25 October 2021

hi sir 

my father had a total property of 494 sq yards. we are two brothers and four sisters. my father passed away in 2018

1. he gave 165 sq yards to his elder son. elder son have registered his property in his name

2. he gave 204 sq yard to his younger son (myself) through a stamped Will. but the property found out to be 186 sq yards.

3. the property adjacent to my property is the third property on which a will has been made in the name of all the siblings. the property is 143 sq yards but in Will it is written 125 sq yards. 

referring to point 2 and 3 my 18 yards ( 204-186 ) has gone in the 3rd property ( 143-125 ).

now I being the younger son is demanding back my 18 sq yards but all the siblings are not in consent with me and instead they are threatening that they will go legal and will take share in my property too becaue it is still not registered in my name.

question1: can they challange my will ?

question 2 : can a stamped will by my father be proved fraudulent. one of the witness in my will is my brother in law ( my sister husband )

question 3  should I go for registerion of my property in my name 

P. Venu (Advocate)     26 October 2021

Such discrepencies would not render the Will invalid, if otherwise valid. Once the matter reaches the Court could sort out the discrepenccy based on the doctine of the "intention of the testator".


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