can a registered will be challenged
Mohan Kumar
(Querist) 15 October 2015
This query is : Resolved
Hello Respected Advocates,
I have a query,
My grandfather was a building contractor and his wife was selling breakfast and milk and had two daughters. Elder one is my mother and younger one is my aunt.
My mom was married to my grandma relative wthin a month of marriage my mom came back to my grandma house ask she couldn't tolerate him since he was a drunkard. Later they separated and my mom fell in love with a tenant and they both eloped and got married.
I'm the only son for them and my aunt has four children. Two sons and two daughters They're all elders to me. Expect the elder son of my aunt rest all lives in Tamil nadu.
In the year 1986 my grandpa and grandma wrote a will on their property that was executed by a lawyer and registered with their signature and the witnesses were lawyers people and no where related to our family. Will states as below
"my eldest is not living with us and has no children and my youngest is living with us with her family and taking care of us and this property should be occupied by their elder and younger son"
My mother eloped and married My dad in 1981 since then she not in contact with My grandma and grandpa. Will was written in 1986 and I was born on 1989. After my birth my grandpa and grandma was in touch with our family again but we didn't live with them.
My grandma was a heart patient since 1995, after work my mom used to go to my grandma house in the evening and cook for them and come back this happened till my grandma passed away and later we shifted to a house in that property since my aunts son and my grandpa was alone and we were asked to take care of them a live with them. We agreed as a courtesy as it was requested by my uncle and aunt and other relatives. Later My aunt's second son passed away in heart attack will at 18 who was a share holder as per the will. Then my aunt passed away due to cancer. Once my grandpa asked us seek a lawyer to share the property but did not tell us about the will. He passed away in the year 2011 after which we got to know a will was executed in 1986 that has no favour for us.
Will states my aunt took care of my grandparents but no way they were taken care by my aunt's family. My uncle is a government teacher in Tamil nadu and my aunt and her second son and two daughters lived with him there and they still live in the same village. It was my mom who took care of my grandma also after her death when we shifted my mom spent all her earnings for their family sake also my mom had taken care of my aunt when she was bed ridden.
We filed a case at Bangalore city civil court under family tree asking for share. And our case was dismissed this Tuesday as unfavorable due to registered will.
Now please help us in this situation can we challenge that will at high court?
Is there any chance of getting our share?
What is suggestions?
The lawyer who executed the will and my grandparents and younger son of my aunt who gets a share as per that will are no more on this earth..
I request you all to kindly help me with this issue. My mom should get justice. They completely back pinned us..
Sudhir Kumar, Advocate
(Expert) 15 October 2015
every will can be challenged. it is meant to be challenged.
regd will cannot be challenge don the ground of authenticity. other grounds may apply.
You query is vague. It does not state whether the property mentioned in WILL is ancestral (coming from your great grand father)or not.
Your query is also further vague. You have not at all stated whether the admissibility of the WILL was challanged or not during the court case which is now decided against you.
It appears that the WILL stands accepted by the court now. It is only the lawyer who reads the judgement can say whether the matter can be challanged above or not.
P. Venu
(Expert) 15 October 2015
Was the existence and the contents of the Will an issue framed in the suit and if so, what is the finding given?
R.K Nanda
(Expert) 15 October 2015
query too long.
Rajendra K Goyal
(Expert) 15 October 2015
Consult local lawyer and show him all the documents.
Guest
(Expert) 15 October 2015
The will can be challenged, if you have a solid proof of the will being illegal, void or got made under presssure.
Kumar Doab
(Expert) 15 October 2015
Experts have guided you well.
It is believed that you are Hindu.
Registered WILL fetches more reliance.............and may not be set aside. The court has decided against you.
As per WILL the property shall pass on to Elder and Younger son of your aunt.
The younger son gas died. After his death the share shall pass on to his ClassI legal heirs and if there are no ClassI legal heirs then to ClassII heirs.
The service to parents is moral duty of children.
You will need solid evidence to challenge the WILL and to prove it invalid.
You may show all documents on records to an able counsel specializing in such/family/civil cases and understand if there is any merit and remedy.................and enough and evidence.
You have not disclosed whether the property is ancestral.
K.S.Srinivas
(Expert) 17 October 2015
It is not clear whether the property is ancestral or not.
If it is not ancestral, then even winning the case on preferring appeal on the registered will are very bleak.
T. Kalaiselvan, Advocate
(Expert) 18 October 2015
Will is the legal declaration of a person’s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime. A person cannot give his ancestors property in the form of a Will but he can make a Will only of his Self-Acquired property.
Where a bequest is made to a person by a particular description, and there is no person in existence at the testator's death who answers that description, the bequest is void.
In your case there is no substance for taking up an appeal against the trials court's judgement because the Will became operative on the death of the testator.
There is no dispute about the execution of Will because it is a registered document and also it is not known whether the Will was challenged on the grounds of fraud or prepared under suspicious circumstances. I think you have taken up the case merely because you people were taking care of the deceased during their last stage, sadly this cannot become a ground for invalidating the registered will.
However you may discuss with your lawyer about the prospects if an appeal is preferred on some other invention about the miscarriage in justice or erroneous judgment.
