Legal Question in Wills and Trusts in India

Limitation in Wills

If a Registered Will has to be challenged then is there any limitation that it should be challenges within a particular time?. In my case, my father died in 2002 leaving the Property by a Registered Will in name of Mother and after her death in name of two sons. My mother died in 2005 and now my two sister are asking for a share though nothing has been left in their bame as far as property is concerned. Somebody told me that if no body challenges the will in 5 years then it becomes final. Please confirm is some law of limiatation applies or not


Asked on 6/12/09, 5:15 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Limitation in Wills

The law of limitation starts operating from the date of cause of action. There is no law limiting challenge to the will within five years. Yours sister may still challenge the will and claim their share depending upon their cause of action and entitlement.

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Answered on 6/13/09, 3:29 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Limitation in Wills

No limitation

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Answered on 6/13/09, 9:03 am


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