My father is the eldest of three brothers, certainly one of whom died a while in the past. My aunt, too, handed away and the couple didn’t have any authorized heirs. My grandfather, who was bedridden since 1998, had executed a Will beneath stress from his third son. Two of the 4 household properties had been bequeathed to my uncle. The different two properties had been to be shared equally between my father and uncle. Am I eligible to problem this Will executed by my grandfather?
— Name withheld on request
Firstly, it’s your father who ought to provoke problem proceedings towards the Will of your grandfather as he’s the beneficiary.
Further, merely as a result of your grandfather bequeathed extra properties to your uncle, it can’t be a floor for setting apart the Will and having it declared as void/invalid.
A Will might be put aside and declared void provided that it was precipitated to be made by fraud, coercion, or by such importunity that takes away the free company of the testator.
In your case, your uncle forcefully received his father to execute the Will when he was bedridden. A problem to the identical will lie in testamentary proceedings that your father might provoke in respect of the Will.
However, the burden of proving that your uncle exercised undue affect in your grandfather to execute the Will forcefully shall be in your father and needs to be proved by cogent proof led by your father.
We should not conscious of the date of demise of your grandfather. However, if his demise occurred in 1998, then the interval of limitation may additionally be one of many points for difficult the desire of your grandfather right this moment.
In as far as your father’s declare to the self-acquired properties of the deceased uncle (and that are presently within the custody of the opposite uncle) is worried, the identical will rely upon whether or not he and his spouse left behind a Will or not. In case, they didn’t achieve this, your father can declare a share in these properties, being one of many authorized heirs, and by taking recourse to separate authorized proceedings in that behalf.
Aradhana Bhansali is a accomplice, Rajani Associates.
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