Unregistered will in favour of 3rd party

This query is : Resolved 
 


Querist : Anonymous (Querist)
07 March 2019

My father and Mother were living separately for almost 3 decades but not divorced. I stayed with my Mother. And I was in touch with my father until around 5-6 years ago. Recently, my father died and we were not notified of his death and couldn't even perform the last rites. When we came to know about this later in the day, we went to his place and found that one of his employees and her husband are staying there...! They were not ready to even allow us in my father's house. We inquired about his death and came to know that he was suffering from various ailments and that he also had cancer in the last stage and was operated / hospitalized 3-4 times in the last 8-9 months. The couple was not at all co-operative and we suspected some foul play. We went to the hospital and the doctor was also not co-operative and he had issued a death certificate without carrying out a PM. So, after some questioning, we got to know that my father has prepared an unregistered will in her name and made her the executor. Also, got to know that the medical certificate was not of the same date as of the Will date. But, the couple had managed to gather 2 witnesses and also 2-3 people from the apartment where my father stayed. All of them are saying that he was in sound state of mind.
We feel that the couple has taken undue advantage of our family situation as well as his irrecoverable health condition and managed to get an entry into his house 6-7 months before his death. Eventually, they may have convinced him to do this Will in their favour.
1) What should I do to validate if the Will was made in a sound state of mind and / or without any foul play?
2) Should the medical certificate be treated as valid even if the dates are not matching?
3) The medical certificate also mentions only about his physical fitness and has no mention about the mental condition of my father. And so, the couple is banking on the 5-6 witnesses present while signing the Will. Is this legally valid?
4) The medical certificate carries only the doctor's signature and not of my father. Is this valid? Since the dates are not matching, we feel that there is a possibility of the Medical Certificate being obtained at a later date (probably, after my father's death...!)

Please advise.


Vijay Raj Mahajan (Expert)
07 March 2019

You can challenge the Will in court when it is presented for probation.
You get heirship certificate in your favor from SDM office after presenting the death certificate there.
Move for claiming all the wealth or property of your deceased father and if that family challenge your claim you can always challenge the Will they got by force and fraud from your father.

P. Venu (Expert)
07 March 2019

It is not necessary that a Will be registered nor is it necessary that the Will be got probated except in cases as specified law. Yes, you can challenge it in a Court of Law disputing its genuineness.

Dr J C Vashista (Expert)
08 March 2019

Show the document of alleged "will" along with legal heir certificate (to be obtained from area SDM - by you) to a local prudent lawyer for better appreciation, guidance and proceeding.

Dr J C Vashista (Expert)
08 March 2019

Even "unregistered" document of "WILL" can be enforced as well as challenged.



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