Will


Dear Learned friends,

 

I am staying with my mother alongwith my wife & daughter in Govt's cess chawl(we are paying Rent to Govt). The said house was in my father's name when he was alive(he died in 1997 without any will).Post his death the tenancy had been transferred to my mother's name & my mother has transferred it in my name( I am paying rent now) one year back. I have two elder brothers & one sister. I am the yougest among the siblings. My mother has made the will & registered it in my favour in 2000 clearly mentioning in it that she has given whatever she had to my other brothers & sister & now whatever she has(including our house) will belong to me after her death as I am taking care of her. My brothers are angry about this except my sister(she is in my favour). My brothers are threatning my mother to scrape the will. Even they threathing me that they would sue me post my mother's death about their share. Sensing this only my mother has transferred our house in my name.

I want to know the legal standing of the will in such situation.

 

Dharmendra

Accountant.

 

 
Reply   
 

A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death

Will is complete if it is signed by a testator in his complete senses and without any pressure, coercion and is witnessed by two witnesses.In some states probate of a will is necessary after the death of the testator.Will does not require to be registered but if done is an added value as it is then witnessed by a government official during his official duty.Will can only be disputed on the following grounds 

a. Will was made under pressure or by coercion, undue influence, by decepting testator

b. Testator was not in his senses while he made the will

A will executed as a result of undue influence, fraud, or mistake can be declared completely or partially void in a probate proceeding.

Probate-The probate of a will means proving its genuineness in probate court. Unless otherwise provided by statute, a will must be admitted to probate before a court will allow the distribution of a decedent's property to the heirs according to its terms.

Probate of a will can be opposed on the folowing grounds

a. Incapacity of the testator at the time the will was made

b. Failure to comply with the formalities required by law

c. Any matter sufficient to show the nonexistence of a valid will

Regards

Mandeep Singh Khillan

 Advocate

 
Reply   
 



I m with Mandip sir. file a probate of that will.

 
Reply   
 
LAW STUDENT

AGREE WITH MANDEEP SIR

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC MASTERCLASS!     |    x