LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Disinheritance through a registered will

(Querist) 17 July 2021 This query is : Resolved 
My father had 04 children's. Before his death he made a registered will disinheriting 02 children from his property on the context that these 02 children do not take care of him and he likes the other 02 children more. In the will he has written that 1/2 part of all his property will go to child no 1 and other 1/2 part will go to child no -2. There is no specific details of property description in the will and the sentence used is all movable and immovable properties. My mother is attesting witness to it and is not a beneficiary in the will. The other witness to the will was an old illiterate lady who is no more alive. Can this registered will be challenged in any court of Law. If yes please guide where and how should I proceed.
kavksatyanarayana (Expert) 17 July 2021
How did your father get the property either by ancestral or self acquired? The will was registered. If it is self acquired by your father, then it is not possible to challenge.
Advocate Bhartesh goyal (Expert) 18 July 2021
Whether your father had right to execute will ,if answer is in yes,then will is perfectly valid and can not be challenged on context of that he had excluded two children else will can be challenged.
Dr J C Vashista (Expert) 18 July 2021
He can execute and bequeath will for his self-acquired and share of ancestral property benefiting any one of his choice.
However, description of property to be devolved has to be mentioned in the will in terms of section 21 of Registration Act.
Minakshi Singh (Querist) 18 July 2021
Dear Sir,
Referred Section -21 of Registration Act, but it clearly says description of property is required in cases of non testamentary documents. Will being a testamentary document I suppose this section will not be applicable here.
My other concern is that in fact this will has been obtained by the other 2 children using undue pressure, force and coercion , so can it be challenged on below points:
1Person capable of making wills.—Every person of sound mind not being a minor may dispose
of his property by will- ( Testator forgot to mention his wife in the will , there is no slight remark about his wife, she is not given any share of the bequest. Testator forgot to specifically mention property details and description. )
2.Will obtained by fraud, coercion or importunity ( Entire will making was carried out by 02 Children with ill intentions. It is mentioned in the will that these 02 children take good care of testator and give him food and medicine timely, address of these 02 children has been mentioned as that of the testator, while infact they were residing separately in different cities at that point of time. The language of the will says it is not drafted by my father, but the two beneficiary childrens)
with regards
SHIRISH PAWAR, 7738990900 (Expert) 18 July 2021

Not having a description of the property can be one of the grounds for challenging 'will'. As mentioned by you in addition, you can challenge the will on the ground of fraud, coercion, and on medical grounds.
Advocate Bhartesh goyal (Expert) 18 July 2021
Although excluded legal heirs can challenge the will before civil court on ground of coircIon,undue influence and fraud but it is very difficult to prove these grounds.To prove these grounds solid and cogent evidence is required.
K Rajasekharan (Expert) 18 July 2021
It seems there is no sound reason to challenge the Will, which is properly signed, properly attested (that to by the wife of the testator), duly describing the reason for exclusion of two children from its benefits, and registered before the registration officer.
Dr J C Vashista (Expert) 20 July 2021
Yes, the will can be challenged for using coercion and fraud committed by the beneficiaries.
P. Venu (Expert) 22 July 2021
There is nothing that prevents the Will being challenged. However, facts posted no defects worth challenging.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now