Legal Question in Real Estate Law in India

My grandmother who is 82 years is sound mentally she has executed a will in favour of my father and uncle of her property excluding my aunt who is her daughter, my aunt is an unsrupulous lady who might after my grandma's death might create trouble regarding the property now i want to know is there any chance that she might challenge my grandma's will, if so on what grounds she could challenge the will, as in India even daughters get share in property but my grandma have excluded her as her husband is a rich man and she is very much economically sound.


Asked on 10/13/09, 10:28 am

2 Answers from Attorneys

RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

she may challange the will on different grounds alleging fraud or forgeryor undue influence by your father or uncle by getting executed the will.

for safty measure, if you or your family is doubtfull about the intentions of your aunt, you should ask your father or uncle to get transfer the ownership from their mother during her life time. its just like sale deed.

how ever if you do not want to do this, then you shold also get a sworn affidaivt from your granmother regarding attestationof will duly attested by the magistrate.

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Answered on 10/13/09, 11:27 am
Shrichand Nahar S.V.Nahar, Advocate

A will can be challenged on various grounds. Guessing such grounds may not be worth. Cross the bridge when it comes.

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Answered on 10/14/09, 1:20 am


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