Legal Question in Civil Rights Law in India

as the nature of property is ancestral, you may challenge the will. the share of all the legal heirs cannot be bequeathed by one of the co sharer i.e. your grandfather.

No you cannot challenge the will as it was self acquired property of your grand father but if your grand father had died intestate , then it would have become ancestral and not otherwise .

06.05.2012

Dear Sir / Madam,

A Will to be enforced has to be backed by a Probate from the Court by the executor of the Will, which advocates / lawyers push under the carpet.

Even if your grandfather has executed a Will, for all you know, he must have made your uncle just the executor of the Will, and not necessarily the owner of all his properties.

Without knowing the contents of the Will, it is difficult to make a conclusion. If you do not have a copy of the Will, first ask your uncle to furnish you with a copy of the Will, to check whether it has been signed with the name and address of two witnesses. The first test is to check whether the Will is in order in all respects and then proceed.

You can mail me for any further on-line advice at [email protected]

Regards,