SUMIT ARORA (OWNER) 03 March 2013

Registered will

DEAR SIR,

OUR HOUSE IS JOINTLY OWNED BY MY FATHER AND 2 UNCLES AND WE ARE LIVING IN THAT HOUSE FROM PAST 35 YEARS. MY FATHER IS NOW DECEASED AND WHEN HE WAS ALIVE, HE TOOK REGISTERED WILL FROM BOTH MY UNCLES IN MY NAME ( SON ) IN 2006... 1 UNCLE HAS DIED AND 2ND UNCLE IS STILL ALIVE. MY QUESTION IS: CAN THE REGISTERED WILL BE CHALLENGED BY MY UNCLES SON. THE REGISTERED WILL HAS NOT BEEN USED BY ME IN ANY SENSE TILL NOW. PLS ADVISE HOW TO SAFEGUARD THE REGISTERED WILL AND ITS RIGHTS THAT NOONE CAN CHALLENGE IT AND THE HOUSE STANDS IN MY NAME.

THANKS

Reply Follow

5 Replies

Setu Niket (Advocate) 03 March 2013

Get the will probated. When granted no one can challange the will.

adv. rajeev ( rajoo ) (practicing advocate) 03 March 2013

Will will come in to existence only after the death of the executant. During the life time of executant sons cannot challenge the will.

Advocate M.Bhadra 03 March 2013

For granting of a WILL a Probate Case to be filed after death of testator(your uncle),so you can file only one WILL written by your uncle who died.To file a probate case you have to notice your uncle's son/s and they can file objection but you have to establish by proper evidence.

Rajeev Kumar (Lawyer/Advocate) 03 March 2013

Probate of will is necessary after the death of teastor and must be signed by two witnesses. At the time of probate of will your uncle legal heirs will be notice and if no objection is raised then the probate will be granted in favour of will holder.