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sudhan ( Officer)     02 June 2011

Registered will

 

 

2 year back my friends’ father was diagnosed with Mild dementia.  He owns a house in his name he made a Registered Will in favor of his Elder sister without sharing to others, My friends Elder sister has taken care of their father from past 20 years, few months back his Father died due to cardiac arrest, now house is been transferred in Elder sister name

And she is living in that house, can my friend challenge registered will in the court?



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 2 Replies

Nitin Awachar (lawyer)     02 June 2011

The ancestral property of a Hindu is to be divided as per Hindu Law and Custom, However if the property is self acquired, the transfer of it is at the will of person who has acquired that property.

prabhakar singh (advocate)     02 June 2011

IF THE FATHER OF YOUR FRIEND HAS  GOT THIS PROPERTY IN HIS HANDS FROM HIS FATHER,THEN YOUR FRIEND HAS A SHARE IN THE PROPERTY ALONG WITH YOUR FATHER. IF YOUR FRIENDS' FATHER CREATED THE PROPERTY FROM HIS OWN MEANS OF EARNING THEN HE HAD RIGHT TO WILL IT TO ANY BODY OF HIS CHOICE.

HOWEVER THE WILL CAN BE CHALLANGED BY YOUR FRIEND ON GROUND THAT WILLL IS RESULT OF UNDUE INFLUENCE PLAYED UPON HIM BY YOUR FRIENDS SISTER AND THAT ON THE DATE OF WILL HE WAS SO ILL THAT HE WAS NOT CAPABLE TO UNDERSTAND THE EFFECTS OF WILL AND THAT HE WAS CORDIAL AND NEVER INTENDED TO DEPRIVE YOUR FRIEND FROM INHERITENCEPROVIDED THE CAUSE OF ACTION HAS NOT BECOME TIME BARRED WHICH IS 3 YEARS FROM THE DATE OF KNOWLEDGE OF THE WILL IN THIS CASE.


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