Regarding a registered will
Ramesh
(Querist) 25 June 2014
This query is : Resolved
We are four brother. My father have one self acquired residential property which has mention in his registered WILL in the name of one brother.
Can I challenge that WILL and if yes then on which ground.
Devajyoti Barman
(Expert) 25 June 2014
Yes you can on the ground that it was done under force /coercion or while making it your father was not physically or mentally fit.
Ramesh
(Querist) 25 June 2014
The WILL IS SIGNED BY TWO WITNESS AND THEY ARE IN FAVOR OF MY BROTHER AND READY TO GIVE THEIR STATEMENT IN THE COURT THAT THE will IS SIGNED IN FRONT OF THEM WITHOUT ANY FORCE AND MY FATHER WAS PHYSICALLY FIT AT THAT TIME.
Ramesh
(Querist) 25 June 2014
Yes you can on the ground that it was done under force /coercion or while making it your father was not physically or mentally fit.
bUT THEN HOW CAN I PROBE
Lawyer SALEEMA KABEER
(Expert) 25 June 2014
your father has absolute right over his self earned property. He can alienate the same as he wishes.
Will is valid subject to the proof under section 68 of Evidence Act.
Rajendra K Goyal
(Expert) 25 June 2014
If the will is with free consent, without coercion , force for self acquired property, it is a valid will.
R.K Nanda
(Expert) 25 June 2014
no,u Cannot challenge that WILL .
Guest
(Expert) 25 June 2014
The Expert Mr.Devajyoti Barman had discussed with you the grounds and possiblities on which a Will Could be Challenged.In your case it is not possible please.
Kumar Doab
(Expert) 25 June 2014
The WILL is registered and witnesses are not in your favor.
The whole exercise may be futile.
If you are on good terms with your brother he can gift a portion to you.
P. Venu
(Expert) 26 June 2014
Can there be any question of witness being in favour of someone or otherwise? Their role is to state the truth and nothing but the truth.
Dr J C Vashista
(Expert) 26 June 2014
I fully agree with Ms. Saleema Kabeer.
Although the document of will can be challanged, since challanging is not an issue but its maintainability is under cloud as in the case of Smt. Priyamda Birla who had bequeathed her estate to her CA MR. Lodha, an "outsider" i.e., not related as in the instant case.
Kumar Doab
(Expert) 26 June 2014
The querist has posted that the witnesses are in favor of the brother i.e. the truth that WILL was written and signed in their presence..................................
It leaves a hint that the matter of WILL has been discussed with witnesses.
The exercise of contesting the registered WILL, and witnesses affirming to say the truth, may be futile..................
T. Kalaiselvan, Advocate
(Expert) 27 June 2014
I agree with the experts opinions and views on the subject query. The Will seems to be genuine, any attempt to challenge the same may be a futile exercise.
Ramesh
(Querist) 28 June 2014
If any of brother challenge the WILL on the ground that it was done under force /coercion or while making it father was not physically or mentally fit.
Then how can the brother(WILL in favor)will established that their was no force / coercion or father was physically or mentally fit.
Dr J C Vashista
(Expert) 28 June 2014
It is one of the probablity which can be addressed at that point of time, which is out of preview of author's query.
Raj Kumar Makkad
(Expert) 30 June 2014
The will is always subject to challenge by all other remaining beneficiaries so be ready to face their allegations and rebut it legally.
