Aarti Kumari 01 January 2021

Challenging a Will bequesting agricultural land

My friend's grandfather has bequested his property (ancestral which includes agricultural lands as well in Uttar Pradesh) in favour of his one son only by Will and died some days later, leaving nothing for the other one.

Can this be challenged and Can his father get an equal share in the ancestral property ?

Note -

Grandfather was not in a fit state of mind since a few months although no evidence is there to prove that.

He died one week after making the will.

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Quick Summary

A will bequeathing ancestral agricultural land in Uttar Pradesh to only one son can be challenged. Grounds for challenge include the testator lacking testamentary capacity (being of unsound mind) at the time of execution, especially if the will was made shortly before death. Even a registered will can be contested if suspicious circumstances exist. A close relative not adequately provided for may also have grounds to claim a share. Challenging the will involves filing a suit, appointing a lawyer, paying court fees, and presenting evidence to prove the will's invalidity. If successful, the property would be distributed according to intestacy laws.

4 Replies

bhanu prakash 02 January 2021

Is it registered will ?

Aarti Kumari 02 January 2021

yes sir ! but can you please share the recourse if it's not yet registered too

1 Like

Dr J C Vashista (Advocate) 03 January 2021

Originally posted by : Aarti Kumari
	My friend's grandfather has bequested his property (ancestral which includes agricultural lands as well in Uttar Pradesh) in favour of his one son only by Will and died some days later, leaving nothing for the other one. Can this be challenged and Can his father get an equal share in the ancestral property ? Note - Grandfather was not in a fit state of mind since a few months although no evidence is there to prove that. He died one week after making the will.

@Aarti Kumari,

Your friend has to consult and engage a local prudent lawyer, however, the will stated to have been executed by his/ her grandfather can (rather has to) be challanged.

S/He (your friend) shall have to collect evidence(s) qua health, especially his mind issue of his / her grandfather

The testator (grandfather of your friend) can execute will for his share only.

It is advisable to ask your friend to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

P. Venu (Advocate) 03 January 2021

How is that the property is ancestral? Moreover, it is of no consequence that the Will is unregistered.

Of course, the Will could be challenged if it is not executed if the testator was not in a fit state of mind. However, it is for the plaintiff to plead and prove such shortcoming.