It is necessary to peruse will executed by testator to advice

2) no probate would be granted if there are suspicious circumstances surrounding the will

3)is the will attested by 2 witnesses ?

4) was testator of sound mind at time of execution of will ?

5) contact a local lawyer

In case your mother does not execute the WILL during her lifetime and dies intestate, then all the legal heirs, i.e., husband , daughter & sons will get 1/3rd share in mother's self-acquired property. ... Every will is open to challenge in a court of law, but not all the challenges succeed.

1) The property needs to distributed as per Indian Succession Act under Class II heirs.

Yes, 3rd generation daughters are entitled for this property and can challenge that WILL in the CIVIL COURT.

Sir if the will is forged and not made by nani then it can be challanged in the civil.court and daughter can seek partition of the property as per the intestate succession.

File a civil suit along with interim injunction so that the property is not sold away by brothers.

1. Tehsildar cannot mutate sons names on basis of Will as Will is not proved as genuine in court

2. Challenge tehsildar order to higher authority under Maharashtra land revenue code for deleting names of sons

3 Will first needs to be proved in court. Only then can it be used to transfer property to sons

4. Daughters can challenge

Hi, the daughters can file a civil suit for declaration and permanent injuction in court to claim share in the property

The nature of property is ansestral and a will in this regard cannot be made and if there is any order of the tahsildar for the mutation of the land in favour of the sons that can be challenged in the Civil Court to revoke for.

Yes. Sisters can ask share because property was inherited by your nani. Inherited property cannot be bequeathed by will. All heirs have right on such property.

1. Nobody can make a will in whose own favour. If your nani died intestate then her property devolved through intestate succession in favour of all her children including your mother.

2. Your mother has to file a civil suit for partition and seek a declaration to declare the will as void and illegal.

3. If the will has been forged by your mother's brothers then former can also file a criminal complaint of cheating and forgery against them.

This is my response to you:

1. If the Will is genuine then it will be acceptable in court;

2. So engage services of lawyer and let him/her read the terms of the Will;

3. If the Will is found to be fake then a counter case can be filed against the other side.

Dear Sir,

The following information may kindly be read:

registered will, be challenged in a court of law

• A will although registered can be challenged in the court of law. The mere fact that a will has been registered will not, by itself, be sufficient to dispel all suspicions regarding it. A registered will may not be the last testament. A new will made, even if unregistered, if valid, will trump the registered will.

• If there are any suspicious facts, the court will scrutinize the will even if it is registered.

Grounds for challenging a will. Registered or unregistered

A will irrespective of its registration can be challenged on the following grounds,

• Fraud

• Coercion

• Undue influence

• Suspicious nature

• Lack of due execution

• Lack of testamentary intention

• Lack of testamentary capacity

• Lack of knowledge and approval

• Forgery

• Revocation

A will containing any element of fraud, coercion or undue influence can be challenged

A will or any part of the will, the making of which has been caused by fraud, coercion, undue influence is bad in the eyes of the law. It is well-settled law that once the execution of a will is proved, the burden to prove that it was fabricated or manufactured or was obtained by committing fraud, coercion or undue influence is upon the shoulder of objector of such will. Fraud can be said to be a willful act on the part of anyone, where another is sought to be deprived of illegal means of what he is entitled to.

A will containing any element of suspicious nature can be challenged

Wills having suspicious nature such as,

• Execution of two wills at a time, the first being designed vaguely and the other supplementing it. Or,

• Purchasing of number of stamps for writing out the will, or,

• Too many thumb impressions, thereby confusing all with one another,

• Giving the property to someone who not remotely close to the testator,

• When the will is was executed in the hospital, and the same was not mentioned in the will,

Lack of due execution

A will must be made by the testator and duly signed by him. Signature or thumb impression of the testator is not the only requirement. Along with the testator, the will must contain the signature or thumb impression of two witnesses, witnessing that the will belongs to the testator. If any if these is not present, there is a lack of due execution in the will and the same can be challenged in the court of law.

Lack of testamentary intention

The wordings used in the will is to be followed religiously as it is the only desire left of the testator as to what is to be done with his property. It is the desire of the testator which is to be executed. If the will contains any element which shows that, any provision made in the will might be against the testamentary intention of the testator, the same can be challenged in the court of law.

Lack of testamentary capacity

The testator while making a will

1. shall understand the nature of the act and its effects;

2. shall understand the extent of the property of which he is disposing;

3. shall be able to comprehend and appreciate the claims to which he ought to give effect and,

4. that no disorder of the mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties – that no insane delusion shall influence his will in disposing of his property and bring about a disposal of it which, if the mind had been sound, would not have been made.

How to challenge a registered will in an Indian court. Procedure to be followed

Step 1 Filing of the suit

The registration of case with the appropriate seat under the civil jurisdictional court. Different Indian states have different nomenclature of courts where matters relating to registration of documents are filed under section 18 of the Registration Act. Different courts have different form number for matter relating to registration of instruments.

Step 2 Issuing of Vakalatnama

Through Vakalatnama, a person gives all the authority to a lawyer to represent on their behalf. No tax is levied on the paper of vakalatnama, but nowadays various high courts have started to issue stamp papers of various denomination.

Step3 Paying of requisite court fee

In Maharashtra, for example, a court fee of INR 25 is payable for assets less than INR 50,000; 4% of assets between INR 50,000-2 lakh, and 7.5% for assets over INR 2 lakh. There is a ceiling of INR 75,000.

Step 4 Initiation of proceeding and writing of statement

After the case is accepted, the court will release summons issuing notice to the opposite party to appear before the court. Before such date, the defendant is required to file his “written statement,” i.e. his defense against the allegation raised by plaintiff, within 30 days from the date of service of notice, or within such time as given by the court. The burden of proof is on the person making the allegation on the will to prove that such will is mala fide in nature and do not represent the intention of the testator.

Step 5 Filing of several documents in support

Legal heir certificates, and other required documents. And lastly, listing of witnesses and due process of hearing.

Tips for contesting will

• You must have a solid ground for contesting the will. By solid ground, it is meant that there must be elements of fraud, coercion, undue influence, suspicion present in the will.

• Take actions as soon as possible. Once the will has been executed as per the clauses of the will, it becomes a difficult task for the court to administer or facilitate the redistribution of property. Therefore, if you think the will needs to be contested, do it quickly. Do not wait for a long period.

• Consult a good legal advisor. Do not depend upon hearsay. Good legal advice is the last thing which you need in critical matters like these. One wrong advice can shake the whole ground!

• Any person who has possession of a property has a huge advantage

The daughters have rights in the properties of their parents especially if they are reported to have died intestate.

As per Hindu succession act, the daughters have equal rights at par with the sons in the properties belonging to their parents if their parents are reported to have died intestate i.e., without making any arrangement or Will before their death.

They can file a partition suit and claim their legitimate share in the properties if they were denied their rights.