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balwinder s bains (Nil)     10 April 2012

Period to challenge a will created violating legalities

Respected Law Experts

Can you please put a light on the following very important law queries;

  • 1. If many years back say about 50 a will was created which violates coparcenery rights today in the ancestral property of a kid or minor of just 4 years of age, Can this be challanged in the court of law?
  • 2. What is the maximum permissible period to challange it?
  • 3. Who can if permitted challange it on behalf of a kid having his father already expired?
  • 4. Can this part of the act it self be challanged which states that if property is acquired by will or court decree (of course from legal ancestral coparcenery property) it automatically changes to self acquired property of the beneficiary? Is this not a violation of some one else's rights?
  • 5.  Is there any other remeddy avaialble with in the course of law peripheries so that the victim a 4 years fatherless kid in this case get his legal share in the ancestral property?
  • 6. Is there any legal orgaization or help available for such cases and kids to protect their birth right?
  • Your reply on a priority basis will be highly appreciated.

Thanks & Best Regards,



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