Ankan 19 March 2018

Propert will

I have registered will drafted by my mother, where I have been awarded 90% of the property share. Will is challenged in the court by siblings on account of forgery & pressure which is false. 1. Property was purchased in the name of my mother in 1970's which was funded by my dad and other relatives. The details of source of funds are unclear, but there was no loan or litigation at the point of drafting will. Does my mother have legal right to draft the will? 2. Property is in possession by Nephew (son of elder brother, whose share is 10%). Is there a way to seal the possession till the verdict is out? 3. Properties (Immovable asset) purchased by me and my siblings in their respective names, when our parents were alive. Source of income used to purchase the property was due to joint nature of business. Does the property acquired in individual names (self and siblings) with income from common business where all were actively involved be part of distribution or settlement, after demise of parents?

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Vijay Raj Mahajan (Advocate) 19 March 2018

Onus to prove the Will as void shall be on the sibling challenging it. The registered Will being challenged on the ground of force by itself get proved wrong when the evidence of the sub-registerar is produced in court to shall certify that the registration of Will done without any force not he was reported of any force by the testator when the Will was being registered. As far forgery charge is concerned, the signature of the testator taken on the Will in presence of Witnesses shall prove it wrong.