How to challenge a "WILL"

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.

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.

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.

Dear    Bina,

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

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.)

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.

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.