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priya verma (house wife)     30 December 2009

Registered will challange

My father is died 2 in 2006 and leave a immovable property. Now one of my relative claim that my father made a registered will in favour of my relative. Some one plz. tell me can registered will be chalangeble if yes on what basis.



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 9 Replies

N.K.Assumi (Advocate)     30 December 2009

Firstly, how you are coming to know the registered will by the fag end of 2009 when your father died in 2006? Did you know from before about the will executed by your father? was the will registered without your knowledge? if so, Why it was kept secret from you till today or did you know the will from before? Registration is no proof of the execution of the documents in view of section 57 to 60 of the Evidence Act. If there is any suspicious grounds and reasons surrounding the will bring it to the notice of the Court how and why, but you must make a clear distinction where suspicion are well founded and a case where there are only suspicion.

subhash kumar (advocate)     30 December 2009

dear, yes registered will can be challenged  in the court of law.

Subhash kumar, adv

subhash kumar (advocate)     30 December 2009

dear,   on the ground that document is forged and fabricated or when the will registered the father was not in proper sense , he was sick and unable to distinguise between right and wrong

Subhash kumar

priya verma (house wife)     30 December 2009

Thaking u for sending me reply, Sir i came to know about will, when i m planning to take a succession certificate for clamming the PF,property etc. because succ certificate is demanded by my father office. My relative told me that he have a registered will and going to take a probate may be he is already applyed for probate. Sir plz. suggest me the sutaible action i can take

priya verma (house wife)     30 December 2009

sir also tell me the short form of probate case used in case no. so that i identify the case on the court website

rajkumar.vnm.marupeddi (advocate)     31 December 2009

A registered  WILL can be challenged and disproved in a Court of Law, by adducing evidence sufficient to prove that your father had no intention to execute the said WILL. The evidence of attestors & scribe needs to be shaked and disproved also. It all depends on the physical and mental health condition of testator, necessity for execution and other discrepancies in contents of the WILL.

(Guest)

You can challange a registered WILL in the court. You can also request for forensic test report of the registered WILL.

priya verma (house wife)     31 December 2009

r u online sir can i fully discuss this matter wd u

Anil Agrawal (Retired)     01 January 2010

 Challenging a will, registered or not registered, is common, disapproving its contents quite a different proposition. Time lag in its execution/probate has no consequence. 

 


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