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Bina (none)     23 September 2008

How to challenge a "WILL"

A widow thrown out of house and her jewelry and other movable property usurped by brother-in-law. She complained to Nation Commission for Woman that brother-in-law has illegally and forcefully grabbed all movable property and threatening her every now and then. Police from local police station came for inquiry; no serious action was taken against him. Then his family attacked this widow and she got injured, she lodged a F.I.R but again matter was settled without any strict action against him.

Then he played the trick to grab her immovable property too. Her husband died intestate and mother-in-law was alive. As widow was already thrown out of house, the aged mother-in-law was dependent on him. He took the advantage of window’s absence and he used this opportunity to convinced/forced the aged mother to make a “will” of whole property in his favor. This mother-in-law is also died 2 years back. The window was not aware of this “will” for long time.

 

Now on which grounds “will” should be challenged? PLEASE SUGGEST!!!!!!!



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 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 September 2008

Bina,


A will becomes void if the making of which has been caused by fraud or coercion or by such importunity, section 61 of Indian Succession Act, 1925.

N.K.Assumi (Advocate)     23 September 2008

Since the matter has already reached the National Commission for women, take the details and let the NCW decide and help you out. I am sure the National Commission will rescue you if your episode is true.

Bina (none)     23 September 2008

Yes, whole episode is true. I have copies of complain to NCW and F.I.R. Testor was totally in his control, becuase the her old age and poor health conditions.


 

SHEKHAR MISHRA (public servant)     23 September 2008

Dear    Bina,


A    will    obtained     by    fraud     or      coercion     is     void.  Law    will   take   its    own     course.

prof s c pratihar (medical practitioner &legal studies)     23 September 2008

WILL means the legal decleration of the intension of the testatorwith respect to his property which he desires to be carried out into effect after his death.(see succession Act s 6,Hindu WillActXXI of 1870s 3 prob and AdmAct Vof 1880.)

Bina (none)     24 September 2008

Dear All,    


Thanks a lot for your inputs! I have challenged this will but on the generalized ground; like she was old, her vision and hearing problems, not consulting any relatives about this will, etc. As, I am not familiar with these legal intricacies.


 Recently when I asked my lawyer to include specific things (the old complained NCW and F.I.R.) in the case, he said it’s too late now and its very unlikely that Judge will accept it at this stage. Case is already in progress on general grounds.

See the irony, one of the witnesses of this will is himself a guilty party, he was involved in the harassment and helping the brother-in-law in usurping my house and immovable property and has been clearly mentioned in the complain to NCW along with brother-in-law.


So what are your suggestions, should I start a new case or write all these facts, attach the copies of old NCW complain and F.I.R and post it to the Judge?  Obviously I am going to contact NCW too.

niranjan (civil practice)     30 October 2009

You have not mentioned as to who wants to challenge the will and his right in the property..According to me, instead of u challenging the will, you should have filed suit for lyour share in the property agains t the person in possession of the property, and he would have pleaded that he has acquired the property by will, in that case, it was he who should prove the will and you could have easily confronted the genuineness of lthe will. For the present it is advisable that  obtain lthe ltrue copies of lthe documents i.e. fir etc. and cross the opposite party on that line.


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