Challenging the will Challenging the will

3 years ago

My maternal uncle (mama) has got all my nana's (my mother's father) properties in his name by taking my Nana to the registrar and informing my mother.

At the time of transferring his will, he was quite old and unwell and we doubt about his intention to transfer his all properties to his son only and leaving nothing for his daughter.

Could we challenge my Nana's ownership transfer deeds!

Anik

Responded 3 years ago

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A.Hi,
You can contest the will on the grounds that your Nana was of unsound mind at the time and as such, incapable of making such a decision when framing his will. If this cannot be proved, then you may file a suit for partition, but the will shall make for compelling evidence in your Mama's favour.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can contest the will on the grounds that your Nana was of unsound mind at the time and as such, incapable of making such a decision when framing his will. If this cannot be proved, then you may file a suit for partition, but the will shall make for compelling evidence in your Mama's favour.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.WILL or transfer deeds ?
Nana is alive ?
if alive then ask Nana to change 'WILL'.
if Nana not alive and then 'WILL' already got executed and then transfer deeds happened then very difficult.
'WILL' is registered but which was was unwell is important.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Your mother may file a suit for partition and challenge for such Will and may get her share.
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