Property distribution

This query is : Resolved 
 

(Querist)
09 July 2020

Hello Sir,

I want to know that if someone make a will and register it with court to distribute the property as per his will /desire
So in that case can their son /daughter can challenge this will after the person's death.

Or can a person change his will at any time?

Please advice
Thanks


kavksatyanarayana (Expert)
09 July 2020

A Testator can change the already registered Will for any time as he/she wishes.

Dr J C Vashista (Expert)
10 July 2020

The will executed by testator is registered with Sub-Registrar and not Court.
Yes, it can be challanged if the petitioner (other than beneficiary) has evidence to prove that the testator (deceased) has executed the will when he was not in deposing mind, under threat, duress, coercion, presssure and /or allurment at the time of execution of the will.
Even if the witnesses has not seen the testator signing in his/her presence and depose it, the beneficiary becomes incapaciated to prove proper execution of the will.

Dr J C Vashista (Expert)
10 July 2020

I fully agree and appreciate expert advise of Mr. Kavksatyanarayana the testator can change his/her will any time during his/ her life time.
What is the problem / dispute, prima facie it is an academic exercise ?

K Rajasekharan (Expert)
10 July 2020

If a person makes a Will by following its proper procedural formalities stipulated by law and he dies thereafter, then his property will naturally devolve on the persons mentioned in the Will at the time of his death.

His son or daughter cannot successfully challenge the Will at anytime, if it is prepared as per the person's own volition.

But if the term 'challenge' in the query means just filing a frivolous case, it is possible. It will definitely be rejected or dismissed in due course, if the Will is perfectly legal.

Most of the cases being dealt with by our courts are frivolous ones. A Judge recently pointed out in a seminar that seventy percent of cases being filed in the High Court of Kerala do not have anything new to be adjudicated upon.

Rajendra K Goyal (Expert)
10 July 2020

You said:
I want to know that if someone make a will and register it with court to distribute the property as per his will /desire So in that case can their son /daughter can challenge this will after the person's death.

Reply:

After the death of the testator, will can be challenged on various grounds. Since the will is duly registered, such efforts seldom succeed.

Rajendra K Goyal (Expert)
10 July 2020

You said:
Or can a person change his will at any time?

Reply:

A person can change his will at any time. Latest will

SHIRISH PAWAR, 7738990900 (Expert)
10 July 2020

Hello,

A will even if it is registered can be challenged on various grounds after the death of testator. Further testator can change will at any time during his lifetime. But the beneficiary under the will cannot change the will.

Rajendra K Goyal (Expert)
10 July 2020

Please state clear material facts of the case for further advice.

Academic portion has been answered.

P. Venu (Expert)
10 July 2020

Why "if' - what is the real issue, if any?



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