Challenge the codicile being invalid and executed under un due influence. Challege will be to prove mental capacity of GF. This will prove by medical record about his mental incapacity.
Who are witness to the codicile ?.
My grandfather split his total assets between me and my brother via a will document.He died due to a clot in brain and he suffer serious memory loss and unconsciousness during his last 6-10 months. During this period my brother, on my grandfather's hospital visit, took him to a document writer and he wrote a codicil to move some of the properties listed in the original will document in my name to his name and forced my grandfather to put signatures/thump impression in the codicil without his conscious decision. I later came to know about this recently, when we try to register the properties in own names. I got a leak from one of employees from the document writer office about my brother's visit to the document writer and the codicil he wrote there to move the properties. Is there anything I can do to retrieve the properties I lost? The hospital in which my grandfather were admitted may have the medical history of my grandfather during the time the codicil was written. How should I proceed ?
Challenge the codicile being invalid and executed under un due influence. Challege will be to prove mental capacity of GF. This will prove by medical record about his mental incapacity.
Who are witness to the codicile ?.
You can file suit to claim properties bequeathed to you
2) take the plea that grand father was not mentally fit at time of execution of codicil
4) rely upon grand father medical reports to prove he was not mentally fit at time of execution of codicil
The codicil was created in 2013, and grandfather died in 2014. But we came to know the codicil fraud recently. Do the time gap matters? The witness for the original will document was my Grandfather's friends. But the witnesses in the codicil was some random persons at the document writer shop during the creation of codicil.
Dear Sir,
You are suggested to apply for the mutation on your name and if the point is raised by the concerned authority, you are suggested to ask in writing the reason of such objection. You may also use RTI forum to extract the correct document and then file the case in court for declaration of that later document of codicil as null and void.
You can take the plea that fraudulent codicil was discovered recently and you have taken legal proceedings within period of 3 years of discovery of fraudulent codicil
Not disclosing will in grand father life time and unknown witnesses to the Will creates suspicious circumstance. Valid ground to challege codicile
I think my brother couldn't register the moved property to his name. I think to register that, the document writer have asked for a copy of other properties in the original will document which is already registered to me. I believe that my Grandfather has collated a set of properties together for each son and my brother moved one property from that set to his name via the codicil. And he is stuck in obtaining a copy of deed document in my name. Is that the case? Do the other property deed in my name is required for registering the moved property?
Your question is not clear. Do as advise above. If brother claim extra property through codicile, challenge it.
Dear Sir,
That's you are suggested to register to properties and produce the certified copy of the other document and retain the main/original document with you.
1. Collect the medical history of your grandfather from the hospital.
2. File an application before the Court seeking probate of the will executed by your grandfather.
3. Your brother will get a copy of the said probate application filed by you and will surely contest it submitting the said codicil illegally obtained by him.
4. You shall have the chance to challenge the codicil on the ground that your grandfather was not in proper mental state to write a codicil for which it should be rejected.
1. You do not admit that you are aware of the codicil.
2. You file an application for seeking probate of the will.
3. When your brother divulges the codicil, challenge it as advised in my earlier post.
4. It is a good case to win.
1. Property documents are not required to be submitted for writing a codicil.
2. If a property already stands in your name then how can there be a will in connection with that property to be executed by your grandfather? The property is already in your name.
3. However, file an application seeking probate of the property as suggested in my earlier post.
You need challenge that illegal Codicil and file suit for cancellation of registration and the said codicil before civil court
You can challenge the codicil on the basis of your grandfather's medical condition at the time making this codicil.
You can obtain the medical certificate with regard to your grandfather's health condition at the time of making this codicil and if he was not medically fit to sign the codicil then this codicil make be invalidated in the probate of Will case itself and you can acquire the property on the basis of the original Will itself.
The Witnesses of the codicil can be different persons to that of the witnesses to the original Will, hence that won't matter.
You may ascertain his medical condition as well as his mental stability to disprove the codicil.
The registrar will seek the original title document besides original Will and the original codicil and other relevant documents in order to register the property to his name.
Hence your brother has to depend on you for this transfer.
you can challenge if it has been forged or some sort of fraud has taken place. This might be the forging of a signature or something less obvious.
1. You have to challenge the codicil through a suit for declaration on the ground that consent of your grandfather was not a free consent.
2. The hospital records of your grandfather will have to be led in evidence by you to prove that he was not in a sound state of mind when he wrote the codicil.
3. In your suit you may also seek temporary injunction against creation of third party rights by your brother qua the properties given to him through codicil.
1. The limitation period to file the suit is 3 years from the date of knowledge.
2. Seek temporary injunction in your suit against alienation of properties by your brother.
1. You should first collect the medical records of your grandfather which can prove that he was not mentally fit at time of making codicil.
2. Once you get the documents then file case for cancellation of property transfer by use of codicil as it was not valid as testator was not in state of executing any legal document.
- As per law, A codicil is a legal document that changes specific provisions of a last will and testament but leaves all the other provisions the same.
- A person can modify, update, or even completely revoke his last WILL testament at any time as long as he is mentally competent.
- Further,A Codicil becomes legally valid only when , the testator in the Will and the Codicil should be the same. The signatures should match, and it should have the Section and Clause of the Will in the same format, and two witnesses should sign the Codicil.
- Since your grandfather died due to a clot in brain and he suffer serious memory loss and unconsciousness , it means that he was not in position to prepare a codicil , which needs more attention than to write a WILL, because at the time of preparing a codicil one has to mention the reason for changing/alternating/adding in the WILL executed by the testator.
- Firstly arrange all the medical record of your grandfather , which shows that he was suffering from brain clot.
- Then you should apply to get probated the original WILL written in your name, after stating that after written this WILL , the testator was not in position to write any other WILL or Codicil ,due to continuous suffering from brain memory loss .
- As per the Supreme Court , petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills.
- It is not mandatory that the same witnesses be present at the time of making Codicil ,and time gap is not a matter legally.
- Registration of WILL is not mandatory for probate a WILL.
- Yes, for registration of WILL, relevant property documents are needed.
Challenge the will on these grounds and state that the codicil was made when he was not of sound mind. The court will dismiss the codicil.
that is a very big proof a strong evidence that the codicil is a lie and dies not reflect the true intentions of your grandfather.
Dear Client
Immediately you collect the medical records of your Grand Father (GF) from the hospital which shows his medical condition and ailment.
File suit claiming the property bequeathed to you by your GF.
Your brother will come-up with the Codicil claiming the property.
You can defeat his plea using the medical reports which you obtain from hospital, showing that your GF was mentally ill & not know about the execution of Codicil.
You have to file the case within three years from date of knowledge of above codicil.