Legal Question in Real Estate Law in
My Mother's Mother has willed her share of land equally among her two sons and four sisters before her death officially . My mother is one of the beneficiary. Her brother has challenged the will as fake.although the land is officially registered in the name of my Mother with the local Patwari record books. The only drawback is that division has not happened as my Mother has not applied for division. So she is uaware of the location of the divided land. First of all even after the divided property being in legal records and the share in the name of Mother can a be challenged and how much time it takes for division after filing application for division. Can it be a too long legal affair.
2 Answers from Attorneys
The suit for partition has to be filed for the division of the properties, If the will is other wise decalred as fake than also all the persons had right equally in the property if there is no other will. The suit be filed and than the application for the preliminary decree be filed on their reply and that can be done soon on admissions. The court procedure takes time and hence the same cannot be defined by any one. The case can also be settled by mediation also.
How could the land be registered in your mother's name when the property belonged to mother's mother. It is not clear