Legal Question in Wills and Trusts in India

India law;can I challenge my great uncle probate will which was obtain by my uncle by wrong means and in his favour as my great uncle(issuless)was staying with him?the will got probated during march 2000,same month my dad passed away.due to heart problem my dad was unable to protest it,and I the only son was studing far away.later when my uncle started to sell of my great uncle property I got noticed and was given the copy of will,which according to date mention was of Jun95.my great uncle expired five months after the date of will.


Asked on 1/08/10, 2:39 am

1 Answer from Attorneys
IqbalAhmed Shaikh Moavin Legal Associates

Will must be proved as duly and validly executed, as required by the Indian Succession Act. A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate.

The law requires a person claiming �probate� of �will� to implead or name all such persons as would acquire a right in the property covered by probate if the probate fails, and individual notices are to be consequently issued to all such interested persons.

the validity and genuineness of the Will can be challenged and miscellaneous

application for grant of ad interim injunction be made. Please provide more details for further advice with proper dates and details of probate.

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Answered on 1/08/10, 5:52 am


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