On what grounds can a registered will be challenged

. Could my grandfather also write the will stating the division of assets after my grandmother's death. If my grandmother does'nt have any will, will that will be honoured, or will the legal succession rule be applied.

The property was your grandfather and he can write on any one =

check the will status when it was registered and if you know the witness the enquire with them (normally if the will is fake then his own know members will be witness)

2. Can we contest the will. If yes, under what clauses can it be done. 

you can contest the will 

3. In such cases, generally what is the probability of the case to go in our favour (as in having a stay on sale/renting the house) by my uncle. Or getting equally divided between my uncle and my mother.

after filing the case you can request the court till hearing of the case the property cannot be sold to any one or cannot be demolished and constructed 

4. If we manage to get a stay on the will allocation, till when can this be done. In the meantime, can my uncle include this house, if he writes his own will.

he cannot write till the case final judgement is come and if he write the will then it is not valid and if the judgement is in favour of your uncle the the will is valid

5. if my grandfather had an earlier will (registered before my father's death) and if that states the house value to be equally divided between his two sons, then can that will help srtengthen our case.

if there is a will then you can challenge but before filing a case you have to prove that you have strong evidences to prove that the will is fake 

go through the detailed explanation = 

GROUNDS FOR CHALLENGING THE VALIDITY OF A WILL
Under English law a person who makes a Will (the testator) can decide to leave their assets to whomever they wish
when they die, however unpopular that decision may be with disappointed relatives (although the Court can override
the terms of a Will in certain limited situations under the Inheritance (Provision for Family and Dependants) Act 1975.
However, the validity of that Will can be challenged on any of the following grounds:-
• Lack of due execution
A Will must be in writing and signed by the testator (or signed by someone else in the testator’s presence and
as instructed by the testator) in the presence of two witnesses, who must also sign the Will in the presence of
the testator.
• Lack of testamentary intention
You would have to show that the testator had not intended to make a Will. It is usually clear on the face of the
Will that it is designed to take effect as a Will so this ground is rarely used.
• Lack of testamentary capacity
The testator had to be capable at the time that the Will was executed of deciding to make a Will and deciding
to leave his assets in the way set out in the Will. If he was unable to make that decision for himself because of
an impairment of or disturbance in the functioning in his mind or brain (whether because of mental illness or
because he was under the influence of alcohol, drugs or medication) he would not have had sufficient capacity
to make a valid Will.
• Lack of knowledge and approval
If the testator had testamentary capacity and the Will has been duly executed the Court will presume that the
testator knew and approved the contents of the Will – unless the circumstances surrounding the preparation of
the Will cause the Court to be suspicious (e.g. because the main beneficiary under the Will prepared it).
• Undue influence
The burden of proof would be on you to show that the testator had been unduly influenced by a third party to
make his Will in the terms that he had.
• Fraud or Forgery
The burden of proof would be on you to establish that a Will was forged (i.e. someone other than the testator
signed the Will) or was made as a result of a fraudulent act (i.e. the testator was misled into making his Will on
the terms he did).
• Revocation
If, after making his Will, the testator destroys the original, makes a later Will or marries, that Will will have been
revoked and will not be valid.

Importance of Evidence
In the case of any challenge to the validity of a Will the key witness – the testator – will obviously not be available to
give evidence. Accordingly, obtaining evidence from other sources (e.g. others’ recollections; documents etc) is
crucial. If a solicitor drafted the Will, asking to see their file is a good starting point.
Time Limits for challenging a Will
There is no statutory time limit for claims to challenge a Will. However, in the event of inexcusable delay, a substantial
lapse of time (with knowledge of the potential claim), or acceptance of a benefit given under a Will, the Court could
conclude that the claim should not be allowed to proceed.
What happens if the challenge is successful?
If the Will’s validity is successfully challenged the testator’s assets will be distributed in accordance with the testator’s
previous valid Will or (if there is no previous valid Will) the intestacy rules.

Lack of Capacity

A valid will requires that the decedent possessed "testamentary capacity," sometimes referred to as having a "sound mind," at the time the will was made. The decedent must also have met the state's minimum age requirement. Challenging a will on the basis of capacity typically requires showing that the decedent did not understand the nature and extent of the property or the identity of natural heirs. Typically, such a challenge requires medical evidence showing mental impairment.

Undue Influence

A challenge of undue influence means the decedent did not make the will of free choice, but solely due to the improper influence of another person. A common situation that leads to such a challenge is where a lone sibling cares for an infirm parent, and the caregiver sibling receives a greater portion of the parent's estate than other siblings. This is particularly true if the parent has changed his will while under the care of the sibling and if this fact was kept secret from the other siblings.

Fraud, Mistake, or Other Factors

A will can be challenged for fraud, such as when pages have been inserted after the decedent signed the will or the decedent's signature is forged. If the will was not executed properly, with only one witness signature when two are required, for example, the will can be challenged as invalid. Sometimes a will that has been previously revoked is mistakenly (or purposefully) submitted for probate. This version will be rejected when the superseding will is provided.

Challenges Are Handled in Probate Court

You challenge a will by filing an appropriate petition in the state probate court that has control over the decedent's estate. The type of petition, the basis for the challenge, and the likely results depend on the state law where the court is located. Each state's law has its own rules, which can differ greatly. These include the deadline for filing your challenge and whom you must notify regarding your challenge. Violating these rules can delay and increase the expense of your challenge, or result in it being lost.

Disadvantage of Challenging a Will

Challenging a will because you believe your inheritance should be greater usually involves a risk a violating the "no-contest clause" that is typically found in a will. If your challenge fails, the will is valid and the no-contest clause will prevent you from receiving the inheritance left to you in the will. State law varies regarding the conditions under which a no-contest clause is valid, so it is important to know the law in your state before challenging a will.

A Probate Lawyer Can Help

The law surrounding challenges to a will is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a probate lawyer.

Thanks a lot for your response, Mahesh sir. All this certainly sounds very complicated and almost putting me away from contesting the will, as nothing seems to be going in our favor.

I have a few more questions: 

1.  Could my grandfather do a double tranfer of his property in his will. I mean on one page it is written that after his death all the property would go to my grandmother (his wife). Then the next page says that after my grandmother's death, the house will go to my uncle. And we had no knowledge about this. Coud he have decided on my grandmother's behalf as to how she might have wanted to distribute the property. That should be based on my grnadmother's will or legal succession (in absence of grandmother's will). How can my granfather make the distribution on her behalf.

2. What if there existed another will before this will (made before 2007, before my father's death), in which the house was equally distributed to both the sons (my uncle and father). Will the presence of a previous will, help us in proving that the new will made after the detah of my father was under influence of my uncle.

3. Will my aunt (father's sister) to whom nothing has been given as a part f the will, have any influence of the proceedings.

4. Moreover, my grandfather's will states that the amount in his bank accounts will be divided between my mother and me, but from bank statements, I see that my uncle has been withdrawing money from those accounts. How can money be withdrawn from accounts without our knowledge. Will this be seen as a fraud. What can we do for this.

5. Also, in my grandfather's will, it is stated that all contents of locker he had, will also be distributed among my mother and me. But that locker was joint between my grandfather and my uncle's wife. My uncles' wife would have already emptied the locker, so can we do anything in that regard, as this way, we have been left with nothing for us. That too, when my father is no longer with us.

6. What would be the approx. expenditure in all this. We do not want to spend a lot of money if there is no hope at all, or us to get our right.

Please provide some pointers which could help us in getting the confidence that we could fight this injustice and get our right.

Thanks,

Hello experts,

Could someone please help us withe the following query.

1.  Could my grandfather do a double transfer of his property in his will. I mean on one page it is written that after his death all the property would go to my grandmother (his wife). Then the next page says that after my grandmother's death, the house will go to my uncle.  Coud my grandfather have decided on my grandmother's behalf as to how she might have wanted to distribute the property. That should be based on my grnadmother's will or legal succession (in absence of grandmother's will). How can my grandfather make the distribution on her behalf. Will the second transfer stated in he will from my grandmother, be legally valid, or it should have governed by my grandmother's will. 

Please help us give us some consultation on this, if this is the ground on which we can challenge this will. My grandmother should have had a will to allocate all the assets which were now in her name before her death (per grandfather's will). Coz her wish of property distribution could be have been different from grandftaher's will. An din the absence of her will, the law of successio should apply.

Please help, if we can challenge the will based on this reasoning.

Thanks,