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vipra (enginer)     22 September 2009

WILL can be cancelled

Please share your knowledge’s. We are hindu religion family from Andra pradesh. Our’s is a big family. My grand father has passed two years back, he has made an “WILL” for his 5 sons and he registered it 10 years back. My grand father’s “WILL” deed is not made in parity (i.e) three of his son is getting very big share while other two son’s are getting only a small portion of his property. My father is getting only a trivial portion of my grand father property. My father was the back bone for my grand father’s growth in all terms, my father is second son for my grand father.

My grand father was having 3 shops and my father worked in those 3 shops for almost 20 years, with out getting an single penny, so that my grand father could able to buy properties. My father was not educated, but all younger brother’s (3) of my father are well educated.

My father asked his younger brother’s (3 brother’s) that they should not try to execute the “WILL” made by my grand father (passed) and all 5 sons should get the equal share. But my father’s younger brothers are not accepting to make an equal share, they are claiming partition should take place as per the “WILL”.

 
The WILL is made by my grandfather and witnessed by two of his friends. All are expired (passed) The WILL has got lot of contradicting statements and errors about the property share.
 
My questions are:
 
1)       Is there is any way to cancel the “WILL” made by my grand father which is already registered.

2)       I would like to file the case against my uncles (fathers inborn) from my name. As my father is not educated and he is getting older, hence I would like to take the lead. Whether this will work out, please share pros and cons  

 



Learning

 4 Replies

Kiran Kumar (Lawyer)     22 September 2009

dear, only the testator can revoke a registered will....u ve got no right to get it cancelled.

 

since ur grandfather made it and got it registered so u loose every right to challenge it now.

 

witnesses are also dead....how will u prove the contradictions then?

Sachin Bhatia (Advocate)     22 September 2009

Only the testator has the right to revoke a registered will.

But after his death WILL can be challenged in the court on different grounds such as:

* Lack of testamentary intention,

*Lack of testamentary capacity(mental illness or under influense of alcohol, drugs, medication),

*Undue influence,

*Fraud or Forgery etc

The burden of proof would be on you to establish that Will was made under above circumstances.

vipra (enginer)     23 September 2009

Dear Sachin and kiran

Thanks for the reply. The WILL has got too many errors, (for Example: 1) the WILL is attached with a plot plan, But the dimensions are not marked. 2)  in one area there are two flats, but only one block is shown instead of 2 blocks (this is for my uncle portion in the WILL). 3) Some statement in the WILL are not matching with the Plot plan. 4) In plot plan, vacant land is shown, but later there was construction, which is not updated in the plot plan or WILL (this portion is for another uncle) (a simple statement in the WILL says, vacant land or any later construction will be to my uncle only). I dont know, whether my uncles fabricated these write ups in the WILL

Hence whether it can be proved the testator has made the WILL under some undue pressure or made this WILL with mental illness.

vipra (enginer)     24 September 2009

Please also advice. Should i file the case from my name or from my father name

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