Registered Will

Deepak (Querist) 01 January 2011 This query is : Resolved
I had posted this question-
"My father gave me some property through a registered will. Can someone else (brother's widow or his children)challenge that will, if yes, on what grounds can it be challenged".

An expert Mr. S Ganesan has answered and asked me for some clarification-

"A person can will away the property in which his sole right exists or going to exist. In your case whether the property is self acquired property of your father or not is the question. so clarify . whether you father is alive or not?"

Mr Ganesan I wish to tell you that it is a self acquired property by my father and he is no longer alive. The will was done in the Sub-registrar's office with all the proper procedure followed as per the law including photos of my father as well as photos of two independent witnesses taken at the SR office.

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s.subramanian (Expert) 01 January 2011
The will can be attacked on the grounds of improper attestation and execution. Any unnatural disposition in the will can also be a ground of attack.

M/s. Y-not legal services (Expert) 01 January 2011
I agree with expert..

Chanchal Nag Chowdhury (Expert) 01 January 2011
Obtain Probate of the Will. If anyone does challenge that Will, U can know what grounds the challenger has invented and take steps accordingly.

Guest (Expert) 01 January 2011
Ground of attack may not be necessarily legal or reasonable .One can challange any document on any ground based on true facts or false but his claim will not succeed until he establishes his allegations of facts by evidence and satisfies the court about reasonableness of his ground within purview of law.You have to face the attitude of your family members if they are not in agreement with the recitals of the will.

B K Raghavendra Rao (Expert) 01 January 2011
The will may be challenged mainly on the following grounds:

1. Executor was not in sound mental health at the time of execution of the Will.

2. Executor has executed the will under threat.

3. Will was executed under the conditions of fear and favour.

Kirti Kar Tripathi (Expert) 02 January 2011
in case, the will is executed by adopting proper procedure. i.e. signature or thumb impression of executor and attestation by at least two independent witnesses, the same can be challenged only on the grounds of unsound mental status of executor, undue influence, threat and fear. in case, any such condition is proved, the will can be declared as illegal otherwise not.