MITHILESH KUMAR (Supervisor) 25 September 2013

Challenging a registered will for self acquired property

Dear Sir/Madam

My maternal Uncle aged 78 years died on 27 Nov 12. He does not have any issue and has two sisters my mother and aunt(Mausi). Maternal uncle made a registered will for his self acquired house in favour of my aunts son. My aunts son and his family were residing in uncle's house and looking after him since four years. Earlier my maternal aunt has died in 1997 during that time my mother has taken complete care of her. I was married in uncle's home in 2000 as per maternal uncle and aunt wish.

The said will was made in Oct 2011 and maternal uncle was bedridden since february 2011. As uncle died within a year it gives a feeling that maternlal uncle was pressurised to write the will so that my share (my mother being one of legal heir) can also be captured by mausi's son.
Maternal uncle's one cousin brother has already challenged the will on the ground that the said house is built with joint family contribution and was not his self acquired property.Maternal uncle's cousin brother and his five sons have built tremendous pressure on mausi's son to give share in the property. They have captured one room in the house and living with mausi's son.
On the eve of Maternal uncle terahi (one week after death) my mausi's son asked my support to claim maternal uncle agriculture land (in possession of maternal uncle cousin) as our mothers are legal heir.For this favor he gave an indication that he will give some share in the house and will talk about this later on.

Please let me know that can I challenge the will on the ground of undue pressure or any other, with additional details as follows.
A)    Mausi's(mother's sister) son was nominee of maternal uncle bank account. Uncle's pension was also coming in this account
and he has not revealed the amount lying in this account.
B)    One of my source has told that mausi's son has used Maternal uncle's debit card after his death.
C)    Maternal uncle postmortem was not done.
D)    After my marriage in 2000 I left maternal uncle's house in 2002 with my family as I am serving in defence forces.

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Kolla V. Raman (Founder Chairman of Global Lgal Services) 26 September 2013

Supreme Court Judgement Appeal Civil No.4550 of 2006, dt: 19-10-2006. Brief Facts of the case, Will dt:23-03-1968. Contention in the Written statement that will was forged. Section 295 of the Indian Succession Ac, 1925. Trial Judge opined presence of nine suspicious circumstances surrounding, will could not have been executed by executor. Execution of will must be proved Section 63, 67, 68 of Evidence Act, and Section 295 of the Indian Succession Act, 1925.

T. Kalaiselvan, Advocate (Advocate) 29 September 2013

Though a WILL is registered and is acted upon after the death of the testator, probating the WILL is essential before law especially under the circumstances where there is a reasonable suspicion about the formation of the very WILL. There are umpteen settled laws to prove that WILL to be fake and have been prepared under suspicious circumstances hence invalid. In your case, the self acquired property can be disposed as per the sweet will of the owner, no one can question the disposal legality, once there is a WILL describing the disposal of the properties in the manner as recited in it, the question of legal heir's share does not spoil the show in any legal manner. Your statement that your mother took care of the aunt and that you were married off in that place do not find ground for your claim in the property because it is a self acquired property, do not venture into any illegal activity by getting attracted towards the sweet coated words by miscreants and land up in trouble.

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