• Challenging a Will

My father has executed a registered will in the name of my married niece wherein my brother ( father of beneficiary of will ) is one of the witness and another witness is one of my sister. We are 8 siblings in total and a surviving mother. 
1.Can we all challenge the will and request for its cancellation.
2.As the witness ( father of beneficiary of will ) along with executant's ie my father's identity documents used were cancelled at the time of usage, can it be a ground for filing a suit for misrepresentation of documents.
3. In case another will after this has been prepared ( notarised) in my mother's name, can my mother still transfer this property and bank accounts in question to any one of us or any body else or it is compulsorily to be divided among all heirs as per Hindu Succession Act.
Asked 9 months ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1) if your father after execution of regd will had execute another will it would supersede regd will 

2) your mother should apply for probate of will executed in her favour 

3) on probate being granted transfer property in her name 

4) it is not necessary that property be divided among all children as per provisions of Hindu succession act 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. Yes,you can challenge this Will and apply for revoking it.
2.Yes,such suit can be filed.
3.Only the last Will remains valid and it can be executed in such manner as directed in the Will.
If taking of Probate of compulsory n your state then you have to take probate of the Will to enforce it.
While apply for Probate the other legal heirs can challenge the validity of Will.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Hi, Will is always Suspicious document, you can challenge the same in the court and burden lies on them to prove the court that at the time of execution of the will he has sound mind and health and they have to prove the will  through the witnesses. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1. The will is operative only after the lifetime of your father. If he is alive then he can revoke his will at anytime. The will, after the demise of your father, can be challenged only on the ground that it was made under coercion or undue influence or fraud.

2. Use of cancelled documents does not per se vitiate the will.

3. If another will was prepared after the first will then the first will stands revoked automatically on the drawing up of the subsequent will. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Hi, 
The will shall fail. Blood relatives ( father of beneficiary and aunt of beneficiary) are not independent witnesses and hence they are not reliable and hence will not be accepted. The will has to be attested by independent witnesses( the attestors in your case are not independent witnesses). 
Will in the name of mother seems ok. But depends on who the witnesses are in your mother's will. 
If the will fails the test of law, property will vest as per hindu succession act. But fraudster's ( will forger's) will be excluded. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
1.Can we all challenge the will and request for its cancellation.
==If it is self acquired property of your father, you cannot challenge.  If it is ancestral, you can challenge.
2.As the witness ( father of beneficiary of will ) along with executant's ie my father's identity documents used were cancelled at the time of usage, can it be a ground for filing a suit for misrepresentation of documents.
==NO ground.
3. In case another will after this has been prepared ( notarised) in my mother's name, can my mother still transfer this property and bank accounts in question to any one of us or any body else or it is compulsorily to be divided among all heirs as per Hindu Succession Act.
==If it is prepared on your mother's name, (though not registered will) is valid, but unless your father dies, the transfer will not effect in your mother name.  Since it is self acquired property it is not necessary that it should be divided among all the legal heirs. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1.Can we all challenge the will and request for its cancellation.

You can challenge the Will only when you feel that it was executed fraudulently or a fabricated document.



2.As the witness ( father of beneficiary of will ) along with executant's ie my father's identity documents used were cancelled at the time of usage, can it be a ground for filing a suit for misrepresentation of documents.

The documentary proof, if used for identity purpose only, then there is no grounds for challenging the veracity of the document. 




3. In case another will after this has been prepared ( notarised) in my mother's name, can my mother still transfer this property and bank accounts in question to any one of us or any body else or it is compulsorily to be divided among all heirs as per Hindu Succession Act.

If the Will in dispute has been over taken by another will executed at a later date, then the the will prepared at a later date shall be held valid and on that basis, the beneficiary becomes the absolute owner of the property acquired through such a bequest.  The beneficiary can dispose this property in any manner as per her desire to anyone of her choice, nobody can question this act. 



First of all confirm that the original will written by  your father has come into force  or not.?
Whether there was any subsequent will executed by your father during his life time?
Whether there is a suspicion about the Will ?

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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Has the will been probated ?? 

The will can be challanaged although being a registered will the chances of you getting any success are bleak. Any will after the registered will can not be considered valid as it can be presumed to be a fake document. No the point 2 can not be a ground for cancellation of the Registered will. 
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
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