challenging a will after 49 yrs

Guest (Querist) 02 November 2010 This query is : Resolved
can a registered will be challenged after 49 yrs after execution? the property through this will has been enjoyed, sold etc and now it has been challenged in the court so that the property cannot be divided amongst the female heirs

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R.R. KRISHNAA (Expert) 02 November 2010
Dear Anonymous,

As per Indian Evidence Act a document 30 years old is presumed to be genuine and cannot be questioned.

Best regards.,

Guest (Querist) 02 November 2010
thanks krishna ji, this case has been admitted in pb court and one is going through all the trouble of trying it right. the judge granted a status quo on that too. what can be done about it?

Kirti Kar Tripathi (Expert) 02 November 2010
i admissibility of document may be presumed but legality can be challenged at any time.

Mithun Sharma (Expert) 02 November 2010
yes will can challenge even after 100 years. very old will can consider as best documentary proof for evidence purpose.

Devajyoti Barman (Expert) 02 November 2010
Yes it can be challenged. The 30 years time only makes the court to presume the document to be genuine which presumption can always be rebutted. However this 49 years time too long to make your case worthy and hence you have to make a later date for cause of action of your case.

s.subramanian (Expert) 03 November 2010
I agree with M/s Kirti and Barman.

adv. rajeev ( rajoo ) (Expert) 03 November 2010
It is time barred suit. It is not maintainable. Within 3 years suit has to be filed.

Raj Kumar Makkad (Expert) 03 November 2010
I do agree with rajeev.

Kirti Kar Tripathi (Expert) 04 November 2010
reasons for delay can be explained.

Khaleel Ahmed Mohammed (Expert) 09 November 2010
File with condonation of delay, let the court will decide the matter.

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