RE: WILL
AMAN
(Querist) 31 January 2011
This query is : Resolved
hi,
Could u kindly let me know that how to prove that sister gets the Father’s self acquired property by fraud / cheating / undue influence / pressure on father etc, what are the grounds son can file an petition and what are the chances for son to win the case, please advice?
Thks,
adv. rajeev ( rajoo )
(Expert) 31 January 2011
You will have to file a suit for declaration that will is null and void because it is obtained by fruad, undue influence etc., but heavy burden lies to you to prove it.
Devajyoti Barman
(Expert) 31 January 2011
Yes but you may not need to file such suit ever as when the sister would file application for Probate of the said Will then you could contest the same by agiitatng the same issues. Wthout Probate the Will has no force of law in most part of India.
Y V Vishweshwar Rao
(Expert) 31 January 2011
File objections before the local body not to mutate the house in the name of your sister .let her file a case to declare that the Will Deed is Valid ! You can dispute the Will Deed , in case your sister claims rights on house-on the basis of the Will Deed - You can dispute the Will Deed - It is for the sister to prove the Will deed ! You are disputing the Will Deed!
V.Mahadevan
(Expert) 01 February 2011
In them first place, there is no mention of a WILL.
The burden to establish that the sister got the self-acquired property of the father by fraud, undue influence, etc. is on the person who alleges it.
May be the sister, a woman,was in a position to influence the father. However, it cannot easily be presumed that she was in a "dominant position", exercised "undue influence" and gained undue advantage.
The querist will do well to seek expert legal assistance.
