CHALLENGE TO WILL

DEVENDRA (Querist) 01 May 2009 This query is : Resolved
One wants to get declare that the so called will is null and void as the properties mentioned in the will were not exclusively owned by the testator.
Can the plaintiff file his suit for declaration in the Taluka court ( Civil Judge Junior division ) ?

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n.k.sarin (Expert) 02 May 2009
you may file the suit for diclaration that the said will is null and void in the civil court.

Y V Vishweshwar Rao (Expert) 02 May 2009
You can file the suit and the jurisdiction of the Court will be according to the Value of the Suit.

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sanjeev murthy desai (Expert) 02 May 2009
Yes you can file a suit jurisdictional Court.

Jaswant Singh (Expert) 02 May 2009
You can file a suit for declaration in the court

adv. rajeev ( rajoo ) (Expert) 02 May 2009
You will have to file suit for Declaration. Jurisidction will be on the basis of the valuation of the properties.

Swami Sadashiva Brahmendra Sar (Expert) 02 May 2009
I am sorry to difer with my ld. friends. in this case will can not be challenged as being null. suit for declaration of rights of testator is to be filed and not for nullity of will.

Y V Vishweshwar Rao (Expert) 03 May 2009
Declaration- suit for the declaration that testator has no right to dispose the proerty more than his proerty /share in the joint property -

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Uma parameswaran (Expert) 03 May 2009
If a property mentioned in will which is not exclusively owned by testator then impugned will can be questioned through court of Law.

n.k.sarin (Expert) 03 May 2009
I support Ms Uma's view.

RAKHI BUDHIRAJA ADVOCATE (Expert) 23 May 2009
I do agree with the views of Ms. Uma

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