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ramakant (hod)     13 June 2014

Challenging a will

My father had two sons including me and two daughters. He had made a registered will in the sub registrars office  bequething all of his movable and immovable assets to my brother and did not give anything to me and my sisters. He had two residential houses which were his self earned and agricultural land which was ancestral. Now he has given an application for transfer of ownership of the property in his name to the tehsildar and the two witnesses of the will have also given statements that the will was made in their presence by my father in full senses.

Now can we challenge the said will and if so on what grounds?

I only want to challenge it if there is likelihood of anything going in my favour because as of now i have no proof to show that the will was made out of undue influence since it is a registered will having the photograph of my father and the witnesses clicked at the sub registrars office.

Please give me some advice in this regard.



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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 June 2014

Will can be made only for his self earned property but not for ancestrol property. Ancestral property is belongs to all including your father, you and your brother and sisters also. 

ramakant (hod)     13 June 2014

but in case of agricultural land, my grand father had made a relinquishment deed in favour of my father...but my grandfather also had inherited it from his forefathers...

so will it count to be my fathers ancestral land or he can alienate it to whosoever he wishes?

and can i also claim his self earned property?

Laxmi Kant Joshi (Advocate )     13 June 2014

Ramakant there is no use to challenge the will as you said its o.k. from all concern points , now on one point you can challenge the will if the witnesses in the will were the family members , then you can say the will is made under their influence only .

ramakant (hod)     13 June 2014

no sir the witnesses are not family members...both the witnesses are my fathers charted accountants

ramakant (hod)     13 June 2014

is there any other ground on which we can challenge the will or do we not have any valid option?

ramakant (hod)     13 June 2014

my brother is a very intelligent person...he himself is a lawyer in the supreme court...so he must have avoided any errors


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