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swathi kh (manager)     19 December 2011

Challanging the will

Dear Sir, this is an issue related to our property, which was pending since last 12 years in the court of law and recently a judgment has been passed. The property was got by grandfather in a tribunal settlement and remained undivided for long time. My grandfather had four children for which the property had to be divided. In the last decade the issue had arisen when my father’s brother expired and his wife wanted a share in the property. Initially there was a documented family arrangement(In year 1998) kind of thing decided among seniors in the family community as a panchyath for which it was decided some of cash amount of the value property to be given to my mother in law and rest divide the property among the three children and grandmother for which she had not agreed upon and approached the court for an amicable settlement as a lone plaintiff. This document has been signed by my my grandmother and our three defendants. Whereas we the other four (including grandmother) defendant where on the opposite side. Initially the lawyer contended in favor of four(including grandmother) of us on behalf us, since we stayed away from the place of dispute we had submitted a power of attorney to one of my cousin and vakalath to the lawyer to represent us to uphold family agreement ... latter as the days passed by I hear a different version that a will(in year 2000) has been created by my grandmothers and the will was drafted by our common lawyer in favor of one of the defendant in our group making him the lone single beneficiary i.e. 75% in the property rights bequthing some of the share in the property of the deceased son too. In respect to this issue I would like to clarify my stand to how we stand a chance of retaining equal share in the property. I feel the lawyer is at the fault for not keeping us informed on the issue and also creating a will which favored one single person.

(also there there has been  another ancestral property which is wholly aquired  by my grand mothers name, but this property has not been willed and was not contested for division of property)

1. Do I have a opportunity to contest the will and on what grounds.

2. OR do I have to appeal to up hold the family agreement

3. I feel in this case the lawyer has not taken proper interest in representing us in the case and also i see that he has personally drafted the copy of the will in devolving all the grand mothers share of the property to one of the defendents, what can be done on this front?


 1 Replies

kusum gupta (prop.)     19 December 2011

yes you can contest. however we would like to see the case file.


kusum gupta advocate


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