LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nikhil SHETTY   14 April 2021

unsound mind challenge on registered will?

how to challenge and prove registerd will on unsound mind ?


 9 Replies

Sankaranarayanan (Advocate)     15 April 2021

Normally a registration authority would not agrees  to register a document  without  satisfaction .   Need more clarity on your query

Dr J C Vashista (Lawyer)     15 April 2021

Collect / submit evidence(s) before concerned (probating) court to the effect that the testator was of unsound mind at the relevant time (when the will was executed).

Nikhil SHETTY   15 April 2021

how would court know the person was at the state of unsound? while issuing probate?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     15 April 2021

The very purpose of Registering the Will is to ensure that everything is as per law. Registrar doesn't permit Registration if he has any doubt as to the mental status or independent decision without coersion.

 

Registration notwithstanding if the Will is to be contested, it requires a very strong evidence based on real facts and documentary evidence, which you should be able to establish beyond doubt that were suppressed at the time of Registration.

GANDHI MOHAN BHARATI (Pensioner)     15 April 2021

Even a Registered Will has to be probated in High Court of judicature under such conditions of property situated in metropolitan cities etc.,

P. Venu (Advocate)     15 April 2021

You have not posted the material facts.

N.K.Assumi (Advocate)     18 April 2021

Was there any doctor, as an attesting witness to the WILL?

Nikhil SHETTY   18 April 2021

No there was no doctoron the the day the registered will,

N.K.Assumi (Advocate)     18 April 2021

Since you are challenging the will, the burden of proof lies on you, to prove the fact that the will was executed during unsoundness of mind by the Testator/Testaterex. All kinds of unsoundness of mind unconnected with the testamentary disposition of property would not deprive the Testator/Testatrex the power to dispose of his/her property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query