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gaurav rastogi   11 June 2024

Can registered will be challenged

Sir ,myself grandson 1
Our whole family resided at suit property ,since 1999 .
(Purchased by grandfather in 1970) .
2nd ,3rd floor and terrace of the suit property were sold by him in 2007 to repay business loans and to cover  up other losses .
Whole family shifted to 1st floor in 2007 as per oral family settlement .
My grandfather expired in 2010 .As per his registered will (2000) ,ground floor was to be  equally divided between his  grandson 1 (son's son) and grandson 2 (daughter's son) and whole of the  first floor ,second floor (sold) would go to grandson 2 (name again changed to grandson2 - son by codocil (2001)) and 3 Rd floor (sold)  ,terrace (sold) would go to grandson 1.
Me and my family were informed about grandfather will ,codocil after 12 years .
Grandson 1 and grandson 2 have been living on 1st floor since 2007 .
Any legal remedy available to grandson1 as I have possession but  no share in 1st floor of suit property as per will and grandson2 has already filed for partition of ground floor of suit property .
Plz advice .thank you


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 June 2024

As per Will (if it was not cancelled during the lifetime of the testator), the grandson 1 and 2 are entitled to an equal share in the property located at ground floor and the second floor goes exclusively to grandson 2 alone.

Therefore any claim made by grandson 1 for a share in the first floor property may not be maintainable.

gaurav rastogi   11 June 2024

Thank you sir 

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