Objection to WILL

anish (Querist) 16 April 2011 This query is : Resolved
Sir
My father expired in 2001 leaving behind A WILL wherein he had appointed me as executor and bequeathed his major assets to me because my younger brother is very notorious and vagabond. The contents of WILL was conveyed to younger brother in 2001 and he had accepted WILL at that time . Probate of WILL was not taken because major assets were in non metro city. WILL was subsequently registered two years after death of my father. Now last year i.e. after 9 years my brother has sent me legal notice claiming that father died intestate and WILL is forged. I can prove genuineness of Will by testimony of Witnesses since WILL is genuine. A clause in WILL states “No one shall have any right to raise any objection or legal question in distribution mentioned in WILL”
My brother’s sending legal notice amounts to objection against father’s wish. By raising such objection does not my brother lose his right to receive anything from my father’s estate by virtue of above clause which my father has put ? Can it be interpreted that because my father did not want anyone to object to his wish, anyone doing so is not entitled to receive anything from his assets even though he may otherwise be entitled if he had accepted my father’s WILL ?

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adv. rajeev ( rajoo ) (Expert) 17 April 2011
How come you regd., the will after 2 years of death of your father?
If your brother has sent a notice let him file a suit. If he filed a suit on both burden lies to prove your claims.

Ravikant Soni (Expert) 17 April 2011
Rajoo!
A will can be registered even after death of scriber.

Guest (Expert) 17 April 2011
make entry of the mutation on the basis of that will and if your younger brother files a suit than the burden lies on your brother to prove the will as forged one. you just make the entries in the revenue record.

V.Mahadevan (Expert) 17 April 2011
The insertion of the clause " No one shall have any right to raise any objection or legal question in distribution mentioned in WILL' is in no way an infirmity. No adverse interpretation/ presumption/ inference can be drawn.

Jitendar Kumar gupta (Expert) 17 April 2011
It is batter to take a probate of the will. otherwise if you dont take you shall be in trouble.
J.K.Gupta Adv.
New Delhi
9868529732
guptajkin@gmail.com

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