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Kulveer ( )     21 December 2011

Can i challange a will ?



I am in a situation here. My maternal grandfather (nanaji) passed away in Jan this year. He owned some agriculture land on which he has written two Wills, first in the name of his first nephew (bhatija) and later another one in name of another nephew as my mother are two sisters only no real mamaji. In the second Will he mentioned that his first Will be considered cancelled. Here I want to mention that he wrote his first Will in 2006 when he was quite healthy, but he wrote another one when he was in hospital and was very sick and died within a week of writing second Will. His second nephew is bit greedy person and I suspect he fraudulently wrote second Will and took his thumb impression and signature too while my nanaji was bed ridden and I doubt that he was not in his full consciousness while he signed second Will. Another thing I want to mention here is that he mostly used to write in Urdu and rarely uses Hindi. He had signed his first Will in Urdu but in second one signs are in Hindi and I doubt they are not his sign.




Now my mother and her sister (my mausi) has challenged both the Wills and is in court now. So my queries here are:-


1)       What is our legal position here?

2)       What all legal point we can raise to cancel the above Wills mainly second one?

3)       If anyhow we prove second Will void than do the first Will will take effect?

4)       Are there any chances of  getting the land from both of them legally?




 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     21 December 2011

Dear Quesrist,


Grounds for challenging the 2nd WILL is appealing and if facts stated are correct, there is like;ihood of success to come to you. Focus the circumstances under which 2nd WILL has been executed, his health, etc. and place of making such deed. check who were present at the time of such execution of said WILL.


adv. rajeev ( rajoo ) (practicing advocate)     21 December 2011

If you are suspecting the execution of will then your mother has to file a suit for partition and seperate possesssion, because she has got right to claim her share.

K.P.Satish Kumar (Advocate)     21 December 2011

You can challence a will when it was made in a suspicious circumstances or under undue influence or obtained by fraud.


raj kumar ji (LAW STUDENT )     02 February 2012

yes u can challenge the will.

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