Will

M. A. Khan (Querist) 22 September 2010 This query is : Resolved
If executor is not filing petition for probate, any legal heir of testator, who suspects Will is obtained by fraud, can file a suit for challanging the Will.

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Devajyoti Barman (Expert) 22 September 2010
Yes , suit for declaration of the Will as null and void can be filed.

R.Ramachandran (Expert) 23 September 2010
Dear Mr. Barman,
I am little confused here.
First and foremost, it is not the executant who approaches any Court saying that there is a Will and it be probated.
When such is the case, how can any one assume that there is a will and that is fraudulent and so it should be declared null and void.
Why can't one wait till someone asserts the Will and they oppose such a claim on the grounds of fraud etc.

Surrender K Singal (Expert) 23 September 2010
So long as the Executor is not proceeding to execute The Will, any legal heir may not be affected;
However, if such a Will is in the knowledge and can be referred to in a Suit for Declaration, or is being acted upon without Probate, the same may b e challenged in such a Suit to get it declared NULL and VOID

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