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Kumar (teacher)     16 December 2014

Cancelling/challenging will

Dear Sir/Madam,

My father was recently passed away. My mother is legally wedded 40 years back. I am their adopted son. They
legally adopted and registered the adoption when I was a child.

My father have got 2 concubines while he is still in legal relationship with my mother. One of his concubine claims that my father is the father for one of her daughter which might not be true. My father made a WILL for the daughter of the concubine claiming that one of her daughter is his real biological daughter.
From few years, he was suffering from brain stroke and we have the medical evidences to prove that he is mentally sick. One of the witness in the WILL is the friend of the concubine. I also suspect about the righteousness of the WILL made by my adopted father. Moreover, I doubt whether that girl is really born to my father as the concubine had other children from other marriages and relationship. Moreover, that concubine was involved in several criminal case in the past (attemptive murder, ilegal business etc)
As we are unaware about the WILL, recently we registered the property into my name. My mother being a legal heir made the registration.
In this situation, I would to know how to challenge the will ? Do my mother or I have any chances to get share in the property?In this case, it is neccessary to apply for succesion certificate? Given the criminal backgound of that concubine, she manipulated my father to grab the property. Please suggest us to protect ourself from the wicked lady
I am happy to hear your advice.
Thanks in advance for your advices
best regards


 5 Replies

Hardeep (Business)     17 December 2014

1) Whether the concubine is involved in illegal matters or her daughter ( say Ms A )  is your father's offspring or not is irrelevant  as far as the validity  of the Will is concerned. Via a valid Will one can give away one's property to even unrelated persons.


2) Since the property is now registered in your name, Ms A will now raise a claim against you and you will have to contest the Will on grounds which could be strongly evidenced and proven. If the Will is unregistered ( in some states that is essential , in others not ) that could be a strong point in your favor. Suggest take the help of a competent lawyer with facts and proceed further .

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Kumar (teacher)     17 December 2014

Hi Hardeep,


thanks for your reply. I didnt understand waht u mean by ti contest the Will on grounds and to prove it?


Kumar (teacher)     17 December 2014

I compeletely agree that one can give property to anyone without WILL.

But, in the WILL it is mention that the concubine is his wife which is false and that the concubine daugther is his biological daughter which I am not sure. that concubine had several children from previous marriagess. 

Hardeep (Business)     18 December 2014

To correct you - anyone can give his self earned property to anyone WITH a VALID Will. If one dies WITHOUT such a Will, the Hindu Succession  Act comes into play.


in your case :

1) The property is registered in your name. probably you are in posession also. To dispossess you, Ms A has to file a case on the basis of the Will. Which you will contest as being false / forged or written when the person was not in control of his mental faculties.

2) Depending upon facts - and under  Hindu  Law, the first " wife " is the only legally wedded one ( after the Hindu Marriage Act was implemented - do not recall the year offhand .. ) So if the concubine is mentioned as wife while she was not, it may help you to claim that the Will writer was not mentally well at the time.

3) You can either wait for Ms A to raise a claim and respond per what she says, or, since you are now aware of the existence of the Will, be proactive and have it annulled by challenging it. This will depend upon what the facts are, what evidences you/ the other party shows ( which is accepted by Court ) and the Judge's assessment.  Take advise of a competent local lawyer with full facts.

T. Kalaiselvan, Advocate (Advocate)     24 December 2014

Your same query posted in another thread was properly addressed and advised by many experts including me. You may visit that thread for more answers.

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