Bharat 16 February 2018

Litigation on property partition

I am from kerala. My father passed away couple of years back. He had a property which he inherited from his mother. After his death, I came to know that there is a will executed before 10 years and the inherited property is divided to my two siblings only while we are four siblings. My father had executed this will when he was 83 years old and was not healthy. I suspect undue influence in this.

May i know whether he can execute the will because its an inherited property & also his unhealthy status at the time of execution of the will?

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3 Replies

R.Ramachandran (Advocate) 16 February 2018

The inherited property is the personal property of your father and he can do whatever that he wants to do with the same. If in his wisdom he had WILLed the property to somebody, he has every right to do so.

However, if you suspect the WILL was executed under some influence, then approach the Court law to declare the WILL as null and void. For this you have to approach a local lawyer, discuss things and take the matter forward.

Vijay Raj Mahajan (Advocate) 16 February 2018

Will of the deceased person becomes completely executable only after it get probated from the Civil Court, even if 10 years old Will exists in your case as that has not been probated its value is zero. When the benificieries of the Will go for probation process in the Civil Court, all the heirs of the deceased get court summon to defend the probation process and at that time the validity of Will can be challenged as been got prepared under undue influence, force and by fraud by the benificieries and keeping in mind that the person was not in fit state of mind at that period of time due to his very old age.