Legal Question in Wills and Trusts in India

will

my mother passed away leaving awill of self acquired property of ground with 3 floors with me as the bennificeary.i have one sister who is mentally handicaped & I have to pay her Rs 10,000/mth as per the will.my elder brother has expired in 2002 leaving behind his wife & two minor children. my sis in law who stays on 3rd floor has filed suit for no dispossesion .my parents has filled eviction suit against them in 2004 as my sis in law had mentally & physically harresed them.now as my both parents are no more i will be appliyng for probate.can my mothers will be challenged? if yes then on what grounds?


Asked on 6/03/07, 1:50 pm

4 Answers from Attorneys
Nandita Haldipur Haldipur Associates

Re: will

you can apply for a probate and if the will is challenged you can always fight out the case

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Answered on 6/07/07, 9:43 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: will

Please apply for the probate and if the will is genuine and registered nothing to worry, prove your facts in the court. approach a lawyer

B.Balasubramanya.

Advocate

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Answered on 6/04/07, 1:10 am
Vivek Mapara Mapara Law Firm

Re: will

In probate proceedings the only question arises is regarding the genunity of will and nothing else. You only have to prove that the will was executed by your mother, in presence of two witness, and she was in sound state of mind.

If any objection can be taken, then it couldbe in regards to the fact of execution only.

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Answered on 6/04/07, 2:03 am
G. M. Gupta gmguptaandassociates

Re: will

u can not stop the persons from challenging the will

its usually challenged on the grounds that it has been forged, forced, false etc

for better advice meet with papers.

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Answered on 6/04/07, 1:17 pm


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