LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aarif (Buisness)     21 May 2023

My brother has wrongly created a will from my mentally unfit father. u

My brother has wrongly created a will from my mentally unfit father. Property is self acquired. My father is alive and has an unsound mind. Can I file a case against him?


 6 Replies

Dr J C Vashista (Advocate)     21 May 2023

Do you have copy of the will stated to have been executed by your father bequeathing his (your father's) self acquired property ?

If you have sufficient evidence you can file criminal complaint for cheating and forgery.

Besides this a suit for cancellation of such will and permanent & mandatory injunction should be instituted through a local prudent lawyer. 

Aarif (Buisness)     21 May 2023

We have previous will that have mentioned that the property is distributed equally. But he have created new will and taken all rights of property from my father who is unsound mind. Can I file a case and challenge it???

Siddhi   21 May 2023

First write to police mentioning that Will is done under duress and your father was drugged. Get acknowledgement in writing and than criminal against people involved.

T. Kalaiselvan, Advocate (Advocate)     21 May 2023

Your father's Will cannot be enforced during his lifetime.

Hence you collect the medical evidence to prove that your father had been suffering from mental illness prior to the date of making this Will 

You can challenge the execution or  enforcement of the Will after the lifetime of your father because any action you may propose to take in this regard at this stage is a futile effort because they are not maintainable now.


1 Like

Niharika Lohan   22 May 2023

Hi Arif, I'm Adv Niharika and here is my take on your query.

The legal value of a will before the death of the testator is zero, as it is not executable till the death of the said person.

I see two remedies,

First is before the death of the father, which is reporting to a Police station that the will was signed by fraud/ duress/ threat/ due to unsoundness of mind. This will become a matter on record and in case you want to go ahead with the proceedings of cancellation of will in future, this record will help you in the court of law.

Meanwhile, the other remedy is to get a medical certificate by a registered medical practitioner declaring the unsound state of your father’s mind and upon his demise you can challenge the will that your brother got signed. Up until the demise, the will is not of execution-able nature.

I hope this information yields useful to you and in case of further query, you can reach me via email at

Sudhir Kumar, Advocate (Advocate)     26 May 2023

since your father is alive the WLL does not  operate.


as kong as he is alive (if mentally sound) he can change his will every day.  Last will is valid.


But how it is ppssible that he obtained signature of father and you could not.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register