Legal Question in Civil Rights Law in India

my grandfather made a registered will before 4-5 days from his death in favour of my uncle and grandmother.this property is purchased by grandfather and his two brother.witness of the will : 1)my other uncle"son and 2) my uncle friend. i want to challenge this will. please advice me can a will be challenged and also suggest me process of challenging the will if property situated in dausa but will is made in jaipur. estimated fees of lawyer for this purpose.hiring of lawyer in which city?


Asked on 3/22/14, 12:07 am

2 Answers from Attorneys

the will can be challenged on a limited grounds only. If the person was of unsound mind or if the witnessess were not present when the will was signed. but a registered document is deemed to be authentic unless proved otherwise. you need to consult a lawyer with the copy of the will to get the advice on the matter.

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Answered on 3/22/14, 1:38 am
Fca Prashant Chavan Expert Edge LLP

22.03.2014

Dear Sir / Madam,

A Will has to be probated by the Court for transfer of the title of the Testator's "estate" to the beneficiaries named in the Will. A Will can be contested prior to the Probate being obtained thereto from the Court. A notice of hearing on the Probate will be issued by the Court to all the legal heirs, when you may file your reply challenging the validity of the Will. You are entitled to attend the Court in person, there being no hard and fast rule that you have to be represented by an Advocate / Lawyer in the Court hearing.

Regards,

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Answered on 3/22/14, 9:05 am


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