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Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us email@example.com
A will can be challenged, including on grounds of one’s ability to write a will
My mother was adopted by her mother’s elder sister as a three-month-old baby. They had a son (my uncle) who was 12 years of age then. Now my uncle and aunt have no issue and both passed away in 2020 under mysterious situations. Now, a Malayalee boy who they kept for help and is now 49 years old says they had adopted him and have written a will about the property. Both my uncle and aunt were inside four walls of the house for three years as they were not in good health. Surely, he made use of this opportunity. Can my mother get that property after challenging the will? Is there any way to go about this case? Kindly guide me.
— Hemamalini, via email
A will can be challenged on several grounds including on the grounds of one’s ability to write a will. A will, if related to immovable property, ought to be registered. You can search for it. If the property is in Chennai city, it has to be probated to make it valid. You can at that time oppose the grant of Probate or ask for its production and raise an objection. If the property is outside, you can file a title suit as and when the other party stakes a claim.
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns