Can registered 'WILL' be challeneged
Shailender Bali
(Querist) 30 May 2011
This query is : Resolved
A person has a duly registered will. His grandson (son of a pre-deceased son), grand-daughter (daughter of a pre-deceased son) and widow of his pre-deceased son are class-1 heirs as per Indian Succession Act. There are other class-1 heirs as well in the family.
My concerns are :
1. What will be the share of his grandson, granddaughter and widow of his pre-deceased son if there is no will.
2. Can these people challenge the contents of the will on the basis of non-satisfaction even if the WILL is duly registered?
3. If, they can challenge the contents, at what time and where should they challenge?
4. Is probate/letter of administration required in Delhi?
PALNITKAR V.V.
(Expert) 30 May 2011
1. In absence of Will, the property shall be notionally divided equally among the sons. the Grand children shall get equal share in the property allotted to their respective father. Widow of predeceased son gets share of her husband.
2.The will can be challenged on certain grounds even if it is registered.
3. The will should be challenged at the earliest.
4. I am not sure on point no.4 as I do not know about any local laws prevailing in Delhi. But normally it is advisable to have probate.
Shailender Bali
(Querist) 30 May 2011
Thanks for your reply. In the above case will grandson (son of a pre-deceased son), grand-daughter (daughter of a pre-deceased son) and widow of his pre-deceased son will have one share. As all three are vouching for a share of pre-deceased son. Is my understanding correct?
R.Ramachandran
(Expert) 31 May 2011
Dear Mr. Shailender,
You have not clearly understood what Mr. Palnitkar stated.
Assuming there was no WILL, then the property left behind by the deceased will go by way of inheritance amongst the legal heirs in EQUAL SHARE.
The legal heirs are widow of the deceased, son(s) and daughter(s).
If any son or daughter had pre-deceased the person, then THAT SHARE which would have gone to that pre-deceased son had been alive, will have to be shared equally amongst his widow, his son(s) and daughter(s).
Apart from a share which would be given to the pre-deceased son as per inheritance, no other separate share will be given to the son(s) and daughter(s) and widow of the said pre-deceased son. As already indicated, the son(s)/daughter(s) and widow of the pre-deceason son has to share the property (i.e. the share which would be normally allocated to him) of the pre-deceased son.
A will (whether registered or unregistered) can be challenged. However, it will be easier to defend the registered will compared to an unregistered WILL.
Probate of a WILL is a must in Delhi.
Shailender Bali
(Querist) 31 May 2011
Respected Mr. R. Ramachandran, many thanks for clarifying the issue. However as per the attached link the Honourable Judge has mentioned that probate of the Will is not required in the Union Territory of Delhi.
Please see point no. 5 of page 2 (dated 10th March 2011).
http://delhidistrictcourts.nic.in/Mar11/Rajesh%20Vs%20SMT%20MUNNI%20DEVI.pdf
I welcome your valuable inputs.
prabhakar singh
(Expert) 31 May 2011
IF there is a WILL the dictates of testator shall prevail and not any law.I do not get how you are deciding heirs on the basis of INDIAN Succession Act,since if Will is not there then succession will be followed as per personal law (in case of Hindus It is HINDU SUCCESSION ACT.
ANS to point1)ALL WILL SHARE EQUALLY2)Any will registered or unregistered can be challenged in court of law,so yes, is the answer.
3) within three years from the date of knowledge of the will it should be challenged in civil court in whose jurisdiction property in question situate.
THE early the BEST.
4)A probate can be applied only in case an executor is appointed in the will,otherwise,letter of administration has to be applied for.
NOT going for probate or for letter of administration does not invalidate the will,but in case one has to seek a succession certificate on the basis of will,one will have to go for any of these two, as the case may warrant.
A wills once probated or lettered by administration it becomes binding upon all,and can not be challenged when put forward before any court in future proceedings,and its a great benefit one should always utilized.
Because the law regarding WILL is that its PROPOUNDER should prove it beyond every dobut the court puts forward against it.
prabhakar singh
(Expert) 31 May 2011
IF there is a WILL the dictates of testator shall prevail and not any law.I do not get how you are deciding heirs on the basis of INDIAN Succession Act,since if Will is not there then succession will be followed as per personal law (in case of Hindus It is HINDU SUCCESSION ACT.
ANS to point1)ALL WILL SHARE EQUALLY2)Any will registered or unregistered can be challenged in court of law,so yes, is the answer.
3) within three years from the date of knowledge of the will it should be challenged in civil court in whose jurisdiction property in question situate.
THE early the BEST.
4)A probate can be applied only in case an executor is appointed in the will,otherwise,letter of administration has to be applied for.
NOT going for probate or for letter of administration does not invalidate the will,but in case one has to seek a succession certificate on the basis of will,one will have to go for any of these two, as the case may warrant.
A wills once probated or lettered by administration it becomes binding upon all,and can not be challenged when put forward before any court in future proceedings,and its a great benefit one should always utilized.
Because the law regarding WILL is that its PROPOUNDER should prove it beyond every dobut the court puts forward against it.
prabhakar singh
(Expert) 31 May 2011
IF there is a WILL the dictates of testator shall prevail and not any law.I do not get how you are deciding heirs on the basis of INDIAN Succession Act,since if Will is not there then succession will be followed as per personal law (in case of Hindus It is HINDU SUCCESSION ACT.
ANS to point1)ALL WILL SHARE EQUALLY2)Any will registered or unregistered can be challenged in court of law,so yes, is the answer.
3) within three years from the date of knowledge of the will it should be challenged in civil court in whose jurisdiction property in question situate.
THE early the BEST.
4)A probate can be applied only in case an executor is appointed in the will,otherwise,letter of administration has to be applied for.
NOT going for probate or for letter of administration does not invalidate the will,but in case one has to seek a succession certificate on the basis of will,one will have to go for any of these two, as the case may warrant.
A wills once probated or lettered by administration it becomes binding upon all,and can not be challenged when put forward before any court in future proceedings,and its a great benefit one should always utilized.
Because the law regarding WILL is that its PROPOUNDER should prove it beyond every dobut the court puts forward against it.
Shailender Bali
(Querist) 31 May 2011
Respected Mr. Prabhakar Singh, Thank you for the clarifications.
I shall be grateful if clarification to the following point is also provided:
Will Sindhis come under Indian Succession Act or Hindu Succession Act ?
M V Gupta
(Expert) 01 June 2011
Sindhis are Hindus by faith. They are governed by HIndu Succession Act.
Guest
(Expert) 03 June 2011
Agree with the opinions of Mr. Palnitkar, Mr. Ramachandran and Mr. Gupta.
Shailender Bali
(Querist) 03 June 2011
Thank you all learned people for your valuable advice. Regards Shailender Bali
