adv. rajeev ( rajoo )
(Expert) 25 April 2009
To challenge decalration suit is must, limitation is 3 years. Notarized will is no valuem because a will executed by person can registar or not, both have got same value. When will is distributed to beneficiares, then it is not necessary to obtin the probate of the will. In case of any suspicious about the document it can be cahllenged.
(Expert) 26 April 2009
1. Limitation is three years. However, one can challenge the same within 3 years of his own knowledge about the will. Although, more the delay in challenging the same, weaker the claim would be.
2. Notarised will is comparatively easier to prove than a simple will. Moreover, it has a benefit of presumption of correctness to some extent under the Evidence Act. Burden to prove its falsity or execution lies on the party challenging it if is shown satisfactorily that it is properly notarised.
3. If no objections are taken from any party, it settles the matter at rest though it is advisable to get the probate if it is required in terms of the Indian Succession Act.
4. Mr. Rao, the person questioning has clearly mentioned that "beneficiaries" !! I don't think that they can challenge. At least principle of Estopple applies against them.