Legal Question in Family Law in India
respected sir ,
the whole property is bought personally by my grand father by his own money.and my grandfather is three brothers but only after the death of my grand father the middle one owns the whole property after my grand father death .
the total property is 12 acres from which we get 4 acres not easily by hook and crook .
i did lawer but he sold for money many times as we are not so rich that we can give .
the will is in favour of the middle brother of my grand father. but it was not true as my grandfather was mentally distubed after the death of her son(my father). and other took the advantage and forcefully will is made by them in their favour only..
but i heard somewhere that will can be broken up . by aappealing to court that " my mother and me is only the ower of my grandfather property" their is no right of taking the property of one person unless he has no futher children...
please sir that me the law which i appeal in court and easily the will can be broken up .
and also ensure the name of law ,and how much time will it take for ths ...
i will be very thankfull of yours
sapna sharma
pathankot
145001
2 Answers from Attorneys
You can challenge the will on various grounds before the court and i am sure you will get justice from the court.Your grand father had how many children besides your father ? What case(s) are pending in court ?
a suit for partition needs to be filed on your behalf and when the other party produces the will, you may amend your petition by included the prayer that the will be cancelled being invalid. in case the opposite party has a reason to believe that you are aware of the will, you may straightaway challenge the will in your suit for partition.