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rahul85 (Head Communications)     23 October 2012

Challenging a will

I co-own a property with my father.  The property was taken by me without my father contributing anything towards its payments.  I had made him a co-owner as I was in military service and required someone to do administrative work related to the property. My younger brother got to know of this and in 2005 he coerced my father to write a will making my younger brother the 50% owner. I got to know of this and told him not to get in such fraudulent activity. I got a GPO made from my father in which he granted me the ownership of the property but I did not convert the sale deed in my name out of respect and seeing his age. In 2007 my younger brother again got a similar will made that gave him 50% rights on the property . my father died in Oct 2007 and I got to know of this will after that.

As this was not a self acquired property of my father and my younger brother being a beneficiary was party to the making of the will, can I challenge the will?

I am attaching a reply doc I have made to counter the probate of will that my younger brother has applied for in the court without making me a party to the suit.


 2 Replies

Goutam Prasad (Advocate)     23 October 2012

By making objection, you have already taken one step. Besides, I would suggest you to make some documentary evidence in support of your reply, confirming complete payment from your part and not by your father.

Although, your since property has been registered, your brother may take plea of "Benami Transaction Act" to get your objection not to be heard.

rahul85 (Head Communications)     24 October 2012

Dear Mr Prasad, thanks for responding, appreciate your help. The property has not yet been registered. Also, can you pls guide me if the GPA will take precedence over the Will as the GPA gives ownership rights to me by my father and was made in Jan 2007 vs the Will that was made in Oct 2007. Could my father have Will the property without revoking the the GPA. Guidence from you will realy help here.

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