• Contesting will for NRI

In my absence, my brother has taken all father properties through registered will
I am a NRI
how to contest
Asked 5 months ago in Family Law
Religion: Hindu

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7 Answers

It is necessary to peruse father will to advice 

 

was your father mentally fit ?

 

has the will been attested by 2 witnesses 

 

are any reasons mentioned in will for disinheriting you 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

We have to go by what your father's Will says, first. If it was written under threat or mental duress, you may challenge it, but the burden of proof shall be squarely on you. If you wish to contest it, you need to appoint a relative or friend in India to initiate and conduct legal proceedings on your behalf.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

The will can be challenged by you and other legal heirs if any.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

File suit for cancellation. 

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

Hi 

You can contest the will stating that your brother 

1) exercised Undue influence and coercion on your father and got executed the will. 

2) That your father was not keeping good health at the time of execution of the will and 

3) The contents of will  are so unnatural that no man in his good senses would have executed the will. 

4) Please check whether the witness to the will are unrelated persons (i.e they should not be relatives to you/your father/your brother).

5) In all probate/letter of administration proceedings, a will has to be read in the whole to understand the  context and content of the will and whether the WILL reflects the real intention of the testator (your father) and whether the execution of WILL is free of coercion, undue influence and whether your father was in good health and spirit at the time of execution of will. 

6) Assuming your father had developed animosity/hatred towards you based on lies /allegations made against you then the same can be a good ground for cancellation of will. 

7)Also, the property of your father should be 100% self acquired for him to will. Even if he has used a small portion of any ancestral income to purchase/develop the property the said property will be a joint family property. 

So check with a good lawyer (in a place where property is located)

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

- As per law, none having right to claim the property of father even through a WILL during his life time. 

- Further, if the property is an ancestral then a WILL is not valid , and a WILL can only be written if the property is self acquired property of your father. 

- Further, registration of a WILL is not mandatory , and it must be written in the presence of two witnesses. 

- If , you think that the said WILL is not written by your father and has taken under influence , then you can send a notice to him for partition of the property. 

- If no positive response, then file a Partition suit in the court. 

- Further , as you are not in India, then you can engage a lawyer for the same. 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

If your brother has been named as beneficiary in the Will and if you suspect the Will itself then you can file a suit for partition of properties which are lying on your deceased father's name.

You have to be in India to follow up the case properly or you may even lose your case,.

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

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