Mother made a WILL in May07.Three months later,in Aug 07, she wrote a Declaration that any WILL or WISH made by her before the present date be treated null n void.She mentioned the names of her Children ,and that they were her only legal heirs.(She had felt that her WILL was unjust n made under coercion).Mother expired in Mar 08.WILL of May 07 has been submitted to a Testamentary court of the High court for Probate.Can the WILL be challenged for delay/revokation/ ?Does the Declaration revoke the WILL?Will she be considered dead intestate,although in the Declaration she does explicitly mention her children' names as legal heirs ?
Asked 9 years ago in Family Law
Religion: Hindu
!.WILL of May 07 divides Mother's immovable assets in a manner that brother B, who resided at parental house with her for years,is the major beneficiary.Mother realised this unjust division soon, as it hurt her.
2.She did narrate that she had signed some document which her late husband would not have approved n that she was coerced into signinig.She then called up the eldest brother A and youngest brother D, and asked them to help her make amendments or cancel the previous doc.She didn't recollect the subject as WILL.Brother B would not divulge details of the document nor would he confirm whereabouts of the same.
3Now,Mr B has suddenly filed the WILL for probate,with no info to other brothers.Four months later,that the court notice to brother A ,brought the matter to fore.Brothers C & D reside abroad and they have no knowledge of this.(
5.The Declaration clealy states that any WILL or WISH signed earlier to this date be considered ineffective and null n void.Further ,lists the four brothers by name,as the only legal heirs.
Can we file the objection anytime now,or do we wait for the date of hearing for Probate?Does the objection statement hve to be on a stamped paper,like an affidavit ? Do all three brothers have to file objection simultaneously and/or can we seek date extension ??How do the two brothers send their objection from abroad ?
Asked 9 years ago