Dr_Stan (abc) 21 January 2015

Registered will: civil suit

My father bequeathed his entire house to me by the means of a registered will.

I have 2 brothers, each of whom was to be given Rs 1 lakh each by me according to my father's will.

My father expired in August 2013. When my brothers came to know about the registered will, they filed a civil suit in December 2013 challenging the will on the basis of the validity of the will and claimed that ours was a joint hindu family and that our father was the karta and that the property was made from funds of the joint hindu family.

However, none of their claims is true and my brothers just filed this suit to harass me.

It has been more than a year since they filed the case and the suit has progressed to the stage of providing witnesses by the complainant. They have not provided any witnesses so far in 3 witness hearings and they have now got a last chance to provide with witnesses.

However since they filed this suit only to harass me, I doubt that they will not be able to provide any witnesses.

My question is that if they cannot provide a witness even in the last chance, will the case end there? My logic is that since my father's will is registered, I should not be asked to provide witnesses. The onus to prove the validity of the will lies on my brothers.

Can I please have your expert opinions on this?

Thanks

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3 Replies

Jai Karan Nagwan (consultant) 21 January 2015

Please bear and allow me state fact,, if your brothers have not consented to the distribution in the manner as willed and registered is not equitable distribution. Your brother must have filed suit to declare said will void, basis that will was procured by undue influence. Here yours is secondary duty to prove that, no undue influence exist and there is no unconcionality in the said transaction.

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Dr_Stan (abc) 22 January 2015

Originally posted by : Jai Karan Nagwan
	Please bear and allow me state fact,, if your brothers have not consented to the distribution in the manner as willed and registered is not equitable distribution. Your brother must have filed suit to declare said will void, basis that will was procured by undue influence. Here yours is secondary duty to prove that, no undue influence exist and there is no unconcionality in the said transaction.

Thank you for your reply Sir.

Yes, it is a suit to declare filed by them. But if they have not been able to provide any witnesses to prove their claim, do I still have the secondary duty to prove that no undue influence existed?

Isn't this a mockery of the system that anyone can challenge a registered will and create harassment for me for many years even though I have a registered will? Only to prove this even in the absence of a witness on their part will take years together!

Jai Karan Nagwan (consultant) 22 January 2015

Yes, you may go through section 111 of evidence act, when there is allegation of undue influence, fraud and misrepresentation. Here in the present case, onus is on you to prove good faith in the transaction.