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Amit Jain   12 June 2016

Will validity

We have a case going on for land based on Will of our grandmother. She executed  Will in 1990, which was written
by her niece and  witnessed by advocates,and same  its registered with Registrar.As per Will everything is for my niece & her father.
We are disputing for correctness and validatity of Will as seems it is manipulated.
At present,my grandmother,her witness(advocates) &etc not alive.In Will,its mentioned multiple times  that it  will be valid during lifetime or death of my grandmother.
Also, correct me as I know, will should be made for self acquired property & this property was ancestoral & she got after my grandfather died,so how my grandmother can make will of
same property.
Also,how we can challenge for validity of Will.

 5 Replies

Kumar Doab (FIN)     12 June 2016

What is the opinion of your own counsel.

The WILL is registered so it may not set aside easily on the grounds of authenticity.

Her WILL shall limit to her share/property!

laxmi kant joshi (instructor)     12 June 2016

If the property is in your grandfathers name either self acquired or ancestral he is the sole owner of that property, you didn't mention how the property comes to your grandmothers name by will or by gift deed or by other modes , anyhow if it is mutated in her name then she was the sole owner of that property and can make her will for that property which were in her name.

Nitish Banka (lawyer)     18 June 2016

its difficult but not impossible to set aside a registered will

Warm Regards,

Adv.Nitish Banka


Kumar Doab (FIN)     18 June 2016

Approach a very able counsel specializing in family/property/revenue/civil.......................matters with all docs on record and share inputs for a considered opinion.

Ms.Usha Kapoor (CEO)     05 August 2016


Dear Client,

You obtain a probate in District or High court which in turn would enquire whether the will brought into existence by your grandmother was on hwr own or your grand father transferred all his peoperty iin your grans mother'sname in which  case  she has right to bequeath the propwrty under a will to your uncle. and your niece..If ityour grand father had not transferred the property in her name the Will is not valid except to the extent of her share in the property. The rest you can contest in a court of Law.

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