Registered will
satyanarayan Raman
(Querist) 24 June 2012
This query is : Resolved
My mother made a will to my sister during my absence aportion of the flat under her name given by my father...when questioned my mother admitted that she had made the will under emotional duress..or it might lead to a quarrel in the family..even my father showed a disinterest in the will though he was forced to sign.. now my mother died last year...can this will be challenged by me.. iam the eldest son..
Devajyoti Barman
(Expert) 24 June 2012
Yes on the ground of coercion or undue influence.
Adv.R.P.Chugh
(Expert) 24 June 2012
Dear Raman,
Will can always be challenged on the ground of undue influence/coercion etc, but the fact that the mother even after admitting the same, failed to revoke or question it might go in our favour.
Now answer the following questions :-
1. Is it registered ?
2. Who are the attesting witnesses ?
3. Your father was an attesting witness ?
4. Scribe of the will ? Your and your sister's comparitive financial condition and each of you's relationship equation with mother.
These are some of the factors that go on to decide how tenable the challenge to the will might be
