Will
VIKAS
(Querist) 29 June 2017
This query is : Resolved
If my father makes a registered will in front of SDM along with witness. Can my sister's husband challenge the registered will in the court,if yes what chances of wining the case by him.
Second question : If my sister's husband got the original will (not registered in the court yet),which is in my favour, can he do any kind of changes/fraud in the same. If he got original one, what action I can take against him.
Pls.advise asap in details.
Kumar Doab
(Expert) 29 June 2017
Registered WILL is not easily set aside on counts of authenticity.
The certified copy of registered WILL can be obtained from registering authority.
Being a legal heir you can apply for it after death of your father.
Any changes in original document like WILL can be fradulent act.
Dr J C Vashista
(Expert) 30 June 2017
Your query is based on assumptions and presumptions starting from "if..", again "if...", which imply that it is a hypothetical and academic subject for debate by experts on this platform performing a social service FREE of cost, isn't it? If so, discuss in a law centre.
Whether your father is alive?
What is the locus, interest or claim of the husband of your sister in such a case?
Out of the 2 wills executed by your father (whether registered or unregistered) as stated by you, is last and latest? Who is the beneficiary in the last will?
Show the documents to a local prudent lawyer for proper appreciation of facts/documents, guide and proceed.
Rajendra K Goyal
(Expert) 30 June 2017
Registration of will is not mandatory.
Any change in the document would not change your claim as the situation can be proved from certified copy.
If unregistered will also exist, the will of later date would be effective.
Kumar Doab
(Expert) 30 June 2017
Request your father to give you a copy of WILL and also to register the WILL.
