Can civil court verify the validity of the oral will
Uday Kumar
(Querist) 12 January 2014
This query is : Resolved
Dear Sir,
One brother filed suit for a partition against another brother, Another brother submitted in Defense that Suit land was transferred by way of Oral will by Father to me so you do not have any right.
So inn above contest Question arose whether Civil Court has Power to investigate the validity of Oral Will in view of the law that Oral Will has its legal identity and validity of Oral will is exclusively triable by the Probate Court.
Request for any Expert View
Devajyoti Barman
(Expert) 12 January 2014
The oral Will if not privileged one is not valid and hence can not be taken in legitimate defence.
Rajendra K Goyal
(Expert) 13 January 2014
Agree with the advise of expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
Oral Will loses its legal validity and cannot be considered as any evidence by the defendant.
