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ST (NA)     27 November 2013

Can i contest my grandfather will ?

Sir,

My grandfather died in 2004. He had 2 sons, my father aged 78 and my uncle aged 70 and no daughter. My grandmother had died prior to his death.

Before my grandfather death, my uncle managed to get the will done in his favor to make him the sole owner of property. My uncle has already sold some of the property after getting it transferred to his name using that will. Prior to his death as well (in year 2002), he sold some property using the power of attorney made in his favor by my grandfather.

We were never aware of this will till recently when he sold part of land. As i understand it's very difficult to prove if the will was forced, do i as grandson has any right on property transferred to my uncle's name because of that will. Can i contest that will in court and ask for my share in property ?

And is there anything i can do for the property that is already sold using will or power of attorney.

Regards

ST



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 November 2013

You can file a suit for partition but you will get the share in the share of your father.

ST (NA)     27 November 2013

Thanks for the reply Rajeev.

Do i need to challenge the will or i can still ask for partition without need to prove that will is invalid/fraud ?


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