Challenging WILL
anish
(Querist) 07 January 2011
This query is : Resolved
My father expired ten years back leaving behind a WILL in which i was executor and major beneficiary. Younger brother was restrained from his estate due to his agonising and vagabond behaviour with father. Younger brother had shown no objection to WILL at that time and confirmed same in writing in his letter addressed to me. Probate was not taken because property of father was not in metropolitan city. WILL was later registered after father’s death and on that basis property was transferred in my favour as per wishes of father expressed in his WILL. Brother did not object to this transfer too. Now after a span of so many years he is claiming that WILL is bogus and forged and wants to challenge it with malafide intention to extract money. I think he cannot win due to foll reasons:
1)Witnesses have testified in front of registrar that my father had signed in his presence and they would do so in court too. This is main evidence.
2) He was aware of WILL since nine years so limitation law is applicable to challenge the same.
3) Though WILL is genuine assuming for the sake of hypothecation that even if WILL is forged as per his allegation he has accepted it years back and accordingly i have acted as executor. So by estoppels he cannot go back from his words and claim WILL to be bogus.
Please advice if above contentions are correct or not and what measures are needed in my case.
Arvind Singh Chauhan
(Expert) 07 January 2011
Your brother has lost all right, only if the property is not ancestral and is self acquired of your father.
Devajyoti Barman
(Expert) 07 January 2011
In the context of your brother's consent to the said transfer he is now estopped from challenging the valididty of the said Will. If such suit is already filed then file a petition for rejection of plaint.
Kirti Kar Tripathi
(Expert) 08 January 2011
I also agree with Experts. Your brother is estopped from calming his share under the law.
Uma parameswaran
(Expert) 08 January 2011
Your contentions are correct.If he files a suit you have to prove all this before the Court.
anish
(Querist) 08 January 2011
Thanks a lot experts. My brother has sent notice only. He knows that under civil matter he does not stand a chance therefore to harass me he has shown intention to file criminal complaints of forgery etc. where he thinks limitation does not apply and he can ask court to go for handwriting opinion to verify his allegation. Now this is an intangible process and expert opinion may not be always correct & results are sometimes ambiguous. My brother can take disadvantage of this to stall execution of father’s estate and in return blackmail us for money. Assuming for the sake of hypothecation that even if WILL is forged as per his allegation he has accepted it years back and accordingly i have acted as executor. So by estoppels he cannot go back from his words and levy charges of forgery etc. and ask court for expert opinions etc., etc.. Kindly give your valuable opinion
Amit Minocha
(Expert) 09 January 2011
your brother has no locus standi now. He make false allegations / fke allegations but would also land up on problem of limitation once he appears before the Court. All the blaims he makes falls beyond the limitation period.
