• Can will be challenged?

My aunt and uncle has no child and uncle is jobless. My aunt want to write a will on her property in my favour. Post her death, can uncle challenge that wil? Will I face any problem in getting that property even If my uncle is alive even if I have her will on my name?

I heard somewhere that if life partner is jobless he can challenge the will if its not already written in his favour.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

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.

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

It is advised that a testator should get his will registered under the provision of Indian Registration Act as it removes all the doubts of ingenuity revolving around the will. All the future ambiguities and hindrances are removed just by getting the will registered.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. Will can be challenged by the legal heir after death of the maker of the Will . However of the Will is validly executed then such challenge would be a futile exercise.

2. On death of your aunt you will have to apply for grant of probate of the Will when your uncle can either give NOC or object to grant of Probate.

3. Once the Probate is granted in either case you can rely upon the Will and get the property mutated in your name.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If your aunt pocesses a full ownership to the property she can dispose of the property as per her wish. If she holds the property in joint ownership then she can make testamentary disposition of her share to the propety only.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Madam,

You are being misguided. If it is her self acquired property then she can write a Will in your favor and it cannot be challenged, even if challenged, you will win the case.

Section 61 in The Indian Succession Act, 1925

61 Will obtained by fraud, coercion or importunity. —A Will or any part of a Will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. Illustrations

(i) A, falsely and knowingly, represents to the testator, that the testator's only child is dead, or that he has done some undutiful act and thereby induces the testator to make a will in his, A's favour; such Will has been obtained by fraud, and is invalid.

(ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void.

(iii) A, being a prisoner by lawful authority, makes his Will. The Will is not invalid by reason of the imprisonment.

(iv) A, threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion.

(v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a Will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the Will but for fear of B. The Will is invalid.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

See if the will is registered and properly made and aunty is owner of the property then in that case uncle cannot challange same and further even if uncle is alive property can be transferred. No there is no such law even uncle is jobless.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) No your uncle can't challenge that WILL is its self owned property by aunty. It will be better to inform uncle's also that you are getting property by way of WILL from aunty.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

aunt should execute will wherein it is mentioned that on her demise her husband would be entitled to stay in property and on his demise property would devolve on you 

 

2) will should be attested by 2 witnesses 

 

3) registration is optional 

 

4) chances of will being challenged would be remote 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If property is self acquired  by your aunt then she can execute  will without consent of your uncle and your uncle cannot challenge in future but will should be attested by 2 witnesses. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If property belongs to your aunt then uncle cannot change the will if the property belongs to uncle he has the right to change the will.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

A Will can be challenged when the procedure prescribed in s. 63 of Indian Succession Act is not followed

If you apprehend that your uncle may challenge the Will, then you can ask your aunt to execute and register a gift deed in your favour in her lifetime itself

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. IRRESPECTIVE of any criteria, a Will (unregistered or registered) can always be challenged, by citing various reasons (medical, mentally unstable, threat, coercion, misrepresentation, etc .... )

2. HOWEVER, properties given away via a registered Gift Deed, is final for all futuristic purposes and shall remain unchallenged.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If it's self acquired property of your aunt then he can't challenge. If he is legal heir he can challenge the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If the property belongs to your aunt she can give it to anyone and  therefore you can be the beneficiary if your aunt wants to name you. The will can be challenged but the evidence has to be presented in the court and it cannot be challenged without any proof of wrongdoing.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

nothing to worry,

your uncle can challenge the will but succeeding seems impossible, so you need not to worry.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear Sir,

Yes, he may challenge on the ground of suspicious.  But it is difficult to prove him.

It's usually difficult to successfully challenge a will--but it happens. ... But if a will doesn't fulfill certain legal requirements, or the maker of the will was not of sound mind, a would-be heir or beneficiary can challenge it in probate court after the will-maker's death.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If the property that is bequeathed in favor of a beneficiary, the testator should have a clear and marketable title to the property now being bequeathed through the said Will. 

Therefore, if she makes a recital properly that her husband is not entitled to any share in her property for the reasons mentioned therein and the Will is registered then his claim in the property may not be maintainable  you can enforce the will and get the property transferred to your name in the revenue records as well as other records in the local.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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