how to challange a WILL
srinivasan
(Querist) 16 March 2010
This query is : Resolved
SIR.
we are hindus my wife's father died in Desember 2008 interstate.her brothers gave cavot notice in jan 2009, keept it reneved till date, the daughters issued an lawyers notice in oct 2009 they never replyed for it. the daughter filed a suit in the court,now the brothers have shown a will in the court which is typed in white paper witnesed by two of my father FRINDS nown to her brothers.if there is will why shoud they isuee an cavot notice,and not replying to the lawyers notice sent to them.Now we aer trying to challange the will. sir please cout some points to challange the will. it is hindu joint family property and buseness. it is shure that they have fabricated the will favouring the them.
sir please point out some pionts to challange the WILL.
Raj Kumar Makkad
(Expert) 16 March 2010
It depends upon the circumstances in which will was allegedly executed, the status of attesting persons, condition of the testator at the time of the will, interpretation of the clause of the will, false or confused facts mentioned in the will, wrong description of the beneficiaries or description of the properties mentioned in the will, wrong description of legal heirs of the testator and various other factors which give reasons to challenge the will but let the facts bring here so that accurate reply may be sent for your benefit.
Devajyoti Barman
(Expert) 16 March 2010
The will can be challenged broadly on the grounds of- physical and mental capacity of the testator,absence of force, coercion or undue influence in executing the will,the beneficiary should not be in fiduciary relationship so as to exercise influence upon the testator etc.Engage a lawyer.
N RAMESH.
(Expert) 17 March 2010
It all depend on the facts and circumstances of each case.
To draw specific pleading (points), you must state that facts in detail.
You better consult a lawyer.
Kumar Thadhani
(Expert) 17 March 2010
ItHAS TO STUDIED DURING THE PENDENCY PROCEEDINGS OF PROBATE IN DEPTH.
Parveen Kr. Aggarwal
(Expert) 18 March 2010
A suit challenging a will is different from other suits because in case of will, the onus to prove due execution of the will is upon the beneficiaries thereof. Section 68 of the Indian Evidence Act, 1872 and section 63 of the Indian Succession Act, 1925 make provision in this behalf. You can challenge the will being fraudulent, never executed by executant besides other grounds suggested by the learned experts.
