Is Forced Will Valid?????
(Querist) 13 April 2008
This query is : Resolved
Whether any such 'WILL' will be valid if it is made by the father under the coercion and undue influence of his son? The son has in the past forcebly made the father to sell a house property. and now the father is living in a rented house and has the only shop through which he supports his unmarried daughter, his wife and second son.
The elder son is forcing the father to sell the only shop too to pay off the loans he had taken in the past.
Is their any remedy with the father such as to get the 'WILL' prepared beforehand privately and can such 'Will' be changed unlawfully by the son ????
H. S. Thukral
(Expert) 14 April 2008
Dear Mr. Ashish
A Will is a legal declaration of the intention of the testator in respect to his property ehich will be effective and operative only from after the death of the testator. The Will should be in confirmity with the provisions of Indian Succession Act contained in Section 63. It need not be disclosed to anyone. However if the Will is registered with the Registrar, which is optional, it can be accessed to by anyone to know its contents. The Will can be revoked during the lifeltime of the testator but it can not be changed after death which would only tentamount to a forgery under the penal laws. However the propounder of the Will shall have to prove the Will by calling at least one out of two mandatory attesting witnesses to the Will.
(Expert) 18 April 2008
advise the father to gift the property to her daughter, even registration charge, stamp charges are very less if the gift is made with in the family.
(Querist) 18 April 2008
The father genuinly wants to divide the property among all their children (two daughters and two sons). but since the elder son is hell bent in usurping the whole property, is it possible that the father first gift the property to one of her daughter and afterwards the daughter would transfer the property or the sale value recieved, from the property within her brothers and sister.
if so kud u pls provide the formal procedure to do so. (like first to make a gift deed etc.)
(Expert) 19 April 2008
Make a general power of attorney in your daughter's name to sell off the said property, so you will be the owner of the sale proceeds. Then distribute the money according to you.
why dont you make a will and get it registered. your son then wont be able to negate that.
(Expert) 16 June 2008
NO. Will made under the coercion and undue influence is not valid.
The father is free to revoke or change the will at any time.