• 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 3 years ago in Property Law from delhi, Delhi
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
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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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
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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 . .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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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.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0

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