Nikhil SHETTY 23 April 2021

registerd will challenging on the grounds of unsound mind

what happens when a registered will is made on self acquired at the time the testor was on sound mind after some days he becomes unsound and dies,
Here my question is the if legal heirs challenge the will on the court on the grounds of unsound mind, How would court decide Was the testor was sound of unsound during drafting the will?

please some one explain in detail and easy way for better understanding?

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8 Replies

Sankaranarayanan (Advocate) 23 April 2021

Yes legalheris are liberty to challenge the same. . If he is not in sound mind then the authority not allow him to register the same

Nikhil SHETTY 23 April 2021

sir here my question is after making the will of the testor becomes unsound mind ?
How it would effect on beneficiary part, if other legal heirs challenge it?

Sankaranarayanan (Advocate) 23 April 2021

Challenging the will is their liberty .

Shashi Dhara 23 April 2021

Sound or unsound is secondary any one interested can challenge but it has to be proved that when will was written he was sound at that time,,afterwards he becomes unsound it is not considered.

Nikhil SHETTY 23 April 2021

This was the actual answer I was looking for. you made it clear

Thank you shashi sir have a great day

Pradipta Nath (Advocate) 23 April 2021

I believe the Probate has been obtained! If the will is challenged, place the witnesses before the Court.

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Nikhil SHETTY 23 April 2021

Thanks for your advice pradipta sir

shivam chaudhary 25 April 2021

first of all is the testator alive? if no then you'll have to prove by way of the contents of the will that the will had been forged and fabricated etc. the court will also look into the evidences so produced.