legal heirs can dispute the genuine ness of will . that will was forged and fabricated . that father was not of sound mind at that time . they can file suit for partition . you will have to file for probate . prove will is genuine
Execution of registered will of a property by the nominee
sir, My father who has expired in Oct.2011 and he had wrote a will regarding a flat purchased & owned by him in favour of mine. This will is registered and having his and witnesses photograph printed on it. My question is whether any heirs of his can claim on this property now? If yes then what should do for refuse his claim.
Asked 10 years ago in Property Law
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6 Answers
The witnesses are my younger sister and his husband. The will was written in 2010. and registered in the court. In Delhi the will is registered only if the person has to be present in the court and his photograph is being clicked by web camera of the respective registrar. This photograph printed on the registered copy of the will itself . The same procedure is being done for witnesses also and their photographs is also printed on the will itself.
Asked 10 years ago
My another brother and sister are also accepting the will. Only my younger brother who is not having any contacts and dealing with my father and us for the last 7 years. He even not attended my father's first annual death anniversary rituals. He is having a flat funded by all brothers and my father. but we don't proof for that.
Asked 10 years ago
if you file for probate you will have to file affidavit of any of the attesting witness. that will was signed by your father in your sister presence and that of her husband . will can be challnged on ground father was not of sound mind at time of making of the will
For this, weather he has to prove that my father was not in sound mind. What type of proof we can provide in the court of law., Weather my Chacha or my father's friends become witness in this case who can prove the good health of my father at that time.
Asked 10 years ago
Weather I have to approach the same lawyer (who helped to wrote the said will) can help to prove genuine ss of will.
Asked 10 years ago
you can examine your doctor to prove that he was mentally fit . further you can examine other relatives to prove father good health . even you can examine advocate who drafted will under your father instructions
you can engage same lawyer or engage another lawyer . .
Weather my brother who is challenging the will need not prove the health of my father in first instance. or merely by saying this onus will be on us to prove. weather before his death my father attended a marriage function and the photograph or vedio of that function can also prove his soundness of health .
Asked 10 years ago
if your brother states that father was not of sound mind at time of preparation of will burden of proof lies on him to prove it . you should also lead evidence to show that your father was physically fit and of sound mind , the fact that your father attended marriage function after preparation of will and before his death would show that he was physically fit . your lawyer would guide you in making out a strong case
Your brother shall have to prove that your father was not of sound mind. Similarly you will have to prove that he was of sound mind. The soundness of his health can be proved by showing to the court the photographs or video of his presence at a marriage function just before his death. Consult with a lawyer so that he can devise your legal strategy.
The content of will and the two witness are important factors to prove the will. That apart, the circumstances and the relationship shall be the guiding issues in the case. Competent lawyer should be able to guide you through the litigation.
