Challenging a will
Querist :
Anonymous
(Querist) 30 August 2021
This query is : Resolved
Dear Sir(s),
can a will be challenge on the ground of fake medical certificate .
My father in law made a will in his lifetime , he bequeathed his major part of property to his grand son (daughter's son- daughter is expired ) leaving us only one flat to be divided by 2 sons . the only fault in this will is that the medical fitness certificate provided in the will is back dated and the same is corrected and made with the current date . when the will was made , before 8days of the date of the will father in law was admitted in the hospital and after 10 days he got discharge. and after that the will was made and executed . And it was but obvious no doctor can tender the medical fitness in such situation . My query is that can the will be challenge under this circumstances. Will is filed in the court for letter of administration of administration. Summons is served to my big brother in law but not to us . Grandson filed the case in the year December 2018. Still it is on the stage of Awaiting Summons.
Please suggest us a way to fight .
Plz suggest a way
K Rajasekharan
(Expert) 30 August 2021
It seems some errors or corrections in a medical certificate, additionally provided in the Will, is not a good ground to challenge it, unless you can prove by other means that the testator was medically unfit to make a Will at that time.
Proving a Will is the duty of its Propounder. His main source of evidence is the attesting witnesses. If that proof is in tact he need not worry about the mistakes in the medical certificate which has no much value as that of the testimony of an attesting witness.
But it is the duty of the person who raises a challenge in regard to the mental condition of the Testator to prove it in the court. The onus of proving the fact lies in the person who challenges it.
Advocate Bhartesh goyal
(Expert) 30 August 2021
A valid will requires signature of testator on it and attested by two witnesses only and nothing else.Propounder has to prove these essential requirements by cogent evidence ( which includes evidence of witness also ). Its hardly matter that date on medical certificate was rectified later on.Burden lies on opposite party to prove that testator was mentally not fit at the time of its execution.Will can not be held suspicious solely on this ground.
Laxmi Kant Joshi
(Expert) 30 August 2021
As the will was registered in the sub registrar office of your jurisdictional area, the sub registrar also examine the testator by asking some questions to know the mental status of the testator only then he permit to register the document , it doesn't have any impact that before making and registering the document the testator gone through any medical treatment , the two attesting witness had attested the document before registering it , if you have the proof that the testators was mentally unfit at the time of making the will only then it will be challenged in the probate court , the person challenges the mental condition of the testator have to prove it in the court .
Dr J C Vashista
(Expert) 31 August 2021
Is there any medical certificate required by the Testator at the time of execution of a will ? No. However, the person challenging the will has to establish mental condition of the Testator at the time of deposition of the will i.e., healthy and sound mind for deposition of the will or otherwise.
The case is already pending which is being proceeded / contested through a prudent lawyer, who is well aware about facts and circumstances of the case and able, competent and intelligent enough to satisfy your query, what is his / her opinion / advise, proceed accordingly.
