Querist :
Anonymous
(Querist) 23 October 2021
This query is : Resolved
My father in law had executed a registered will , it is favoring the son of my father in law's daughter , he received almost 80 % of our property and 20 is divided in between my husband and his brother. My sister in law and mother in law and father in law are no more now . the big apartment house costing 2crores is transferred to his grandson . now we want to challenge the will we have taken objection to probate . the only default is that the medical certificate that is attached to the will is back dated and get corrected to that of current date . That is before the few days of the date of execution of will. Can the preposition " legal Heir comes first before Nominee" be applied here in our case and what are the more grounds on which the will can be challenge .
This discussion explores the possibility of challenging a registered will where a significant portion of the estate, including a large apartment, was left to the grandson. The original poster suspects the will may be invalid due to a backdated medical certificate. Advice suggests that while registered wills are presumed valid, grounds for challenge exist, and consulting a local solicitor is crucial for reviewing the will and pursuing legal action.
kavksatyanarayana
(Expert) 23 October 2021
File a case for probation of the Will by consulting a local lawyer. Without seeing the will, one cannot form an opinion.
Advocate Bhartesh goyal
(Expert) 24 October 2021
It is presumed that registered will is genuine and valid even though it can be challenged on various grounds so you need to consult local lawyer for further guidance.
Sri Vijayan.A
(Expert) 24 October 2021
BEFORE GIVING ANY OPINION, THE WILL HAS TO BE READ THOROUGHLY. CONSULT A LOCAL LAWYER IN PERSON
If you doubt the genuineness of the will then you will have to challenge it. Correction in the medical certificate is suspicious and it can be good ground to challenge the will.
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