Validity of registrerd will in karnataka
RAVI
(Querist) 23 November 2013
This query is : Resolved
Hi, my mom has become a owner of the property which is acquired through WILL - registered in Karnataka by her Mother in law. This is a self acquired property of mom's mother in law. Can this WILL be challenged in court? If yes, on what grounds & what are the chances of this WILL being void.
As the WILL is registered & witnessed by a Lawyers & doctor, still is there is a chance of WILL being void?
Anirudh
(Expert) 23 November 2013
Dear Mr. Ravi,
Please note that anything can be challenged in a Court of law. The WILL (whether registered or unregistered) is not an exception.
There are umpteen number of grounds on which a WILL can be challenged, depending upon the facts and circumstances. Therefore it will not be possible to enumerate the possible grounds and in any case that would be highly academic.
In case the WILL comes to be challenged, naturally the challenger will provide you the grounds on which he opposes/challenges the WILL. You have to meet those grounds only instead of trying to figure out as to what are all the possible grounds for challenge.
BAALASUBRAMANNYAMM
(Expert) 23 November 2013
Agreed with Mr. Anirudh. Nothing to be added.
Ms.Nirmala P.Rao
(Expert) 23 November 2013
If the bequeathers/beneficiaries of property under the Will employ fraud, coercion, undue influence etc, registration itself is not the conclusive proof of genuineness of a Will. You can challenge the Will on the above grounds. Apply for a Probate in "District Court attaching a copy of the Will. The probate court would inquire into the genuineness of the will and would issue a probate. Or, if you have proof of the above vitiating factors etc you can even challenge the will in a District Court alleging the above grounds. If you like this reply please click the thank you button on my profile.
Rajendra K Goyal
(Expert) 23 November 2013
Will registered or unregistered can be challenged on no. of grounds. Let it be challenged and find out on what grounds it is challenged and proceed accordingly.
No use of hypothetical questions at this stage.
R.K Nanda
(Expert) 23 November 2013
nothing more to add.
ajay sethi
(Expert) 23 November 2013
agree with experts
