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jaya (asst manager)     24 November 2012

Property dispute

My Paternal grandfather got a self acquired property & he wrote a will on the name of my grandmom.

My grandmom has 5 sons , she wrote (1/5th )portion to each son's son (ie. only grandson), she died.

will i being granddaughter can challenge the will in court.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 November 2012

Grand daughter can challenge the will.  Burden lies on her to disprove the will.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     25 November 2012

Dear Jaya,

You are admitting that your grandfather has executed a Will in your Grand mother's name, which will become self acquired property to her. As per law, whenever a property is acquired by a female either by way of succession or by way of self earning funds, such acquired property shall be treated as self acquired property to her.

So your Grand mother at will, she can directly gift or relinquish her rights to any third party and the same cannot be challenged by her family members unless they take a chance litigation (by making some false statements).

I suggest to avoid chance litigation and try to make out good relationship to earn happiness in life.

niranjan (civil practice)     25 November 2012

You have not mentioned by which mode your GM wrote 1/5th share to each grand son. If she also made will,you cannot challenge because she has not given you share,but you can surely challenge that the Willl was prepared under suspicious  circumstances.


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