My father has made his legal will long back around in year 2005 (duly registered in the court) and he recently passed away. In this will he has given the property to his sons & grandsons along with all liquid assets to his wife. Also he has expressed in the will that his daughters (me) are well settled so doesn't get anything from his assets. The property and assets are not ancestral and he has made in his own life, is there any way that the will can still be challenged or disputed, if so on what grounds ?
Asked 3 months ago in Property Law from United States
Is the will signed by testator on each page
2) is it attested by 2 witnesses
3) what was your father age at time he executed will
4) was he suffering from dementia or any mental illness
5) you can challenge will on groundsof coercion or undue influence but you have to prove allegations made in your petition
See, according to the facts your father has disherited you from his self acquired property.
There is no way to challenge his will except if it was made under some compulsion, influence, fraud or misrepresentation and for that matter you must have evidence and witnesses.
It was his self acquired property and he is at liberty to dispose off the same.
The will can only be challenged on the ground of it being forged or obtained by coercion, but since the same has been registered in the court the grounds will not stand and to challenge the will, will be a futile process.
Advocate, New Delhi
No, this looks to be a perfectly legally sustainable will because:-
a. only self acquired property has been passed on by means of it.
b. it has been duly executed and registered.
c. your father has executed this instrument with his free will and consent.
The Will to be given effect to requires Probate from local court.
During Probate application the legal heirs of the testator can challenge the Will.
The ground for challenge is like use of firce, physical or mental capacity of the testator, absence of 2 attesting witnesses, playing of fraud etc.
So act accordingly.
Hi, the WILL can only be challenged on the grounds , if it involves ancestrol properties .. If the properties are self Accquired , the challenging of WILL cannot be entertained
Advocate, New Delhi
A registered will is prima facie legal on all counts. practically its difficult to challenge the same as a egistered will follows the requirement to be done for execution of will. fraud, co ercion, undue influence and misrepresentation are the only grounds to challenge the same. However in case of registered will, the defense is weal.
1. Unless the said will has been executed and registered under coercion or influence or unless it can be proved that he had registered the said will at the time when he was not in a proper mental condition, there is no scope to challenge the said will.
2. The an application for grant of probate for the will shall have to be made by the beneficiaries for which all the legal heirs of your father will be snt with copy of the said application and will to enable you to either give consent or contest the application for probate of the will.
3. If you so desire, you can contest the said will after being notified by the Court challenging the said will.
Yes, will can be challenged based on it's contents. Construction, intention of executor. There are many things in a will which may be illegal and in violation of Act.
Better take copy of the will deed and get that checked by any advocate of your choice.
you may challenge the last will of your father on the ground of signature of your father is forged and obtained by coercion, at the time of executing will he was not in a position to execute the same. the document itself is forged.
by challenging the same you can harass your mother and brother but how far it will be profitable to you, i have doubt.
The registered Will can be set aside,
1. If it is not written adequately among family members.
2. If the Will is procured by Undue influence.
You can discuss with any lawyer along with the copies of the Will.
1. The testator's right to discriminate between his heirs at the time of making a bequest is indefeasible. The owner is under no obligation to make a fair or equal bequest in favour of all his heirs. He can give a lion's share to one heir and pittance to the other. So the will cannot be challenged on the mere ground that the testator did not make an equal division.
2. If, however, you can prove that your father was not in a sound disposing mind while executing the will then you may challenge it in the civil court.
The will can be challenged but whether you can succeed or not will depend.
When the will is a rgistered instrument there are less chances that this might be a fabricated document with forged signature, hence instead of fighting a losing battle, you may talk to your brother and seek for any share in it or at least compensation in lieu.