Unregistered will : can it be challenged ?
Rajagopal BR
(Querist) 11 November 2012
This query is : Resolved
My father passed away in 2002, and left an unregistered will with 2 witnesses, who signed on the last page. My father signed on every page.
When I asked to see the will in 2002, my mother did not let me see it. After her death in mid 2011, my brother, sisters and their husbands said that that 3 of the 4 pieces of property , houses and shops in residential areas, had been left for them, with the last, a 15 feet tiled hut, left for me.
It took me one year to get to see a copy of the will, and I got so after a lot of quareling with them. It seems the tiled hut was rented out to a new tenant after my mother's death.
Can I contest the will, based on :
1. The will was hidden from me for a year after my mothers death.
2. The tiled hut was rented out after my mother's death without my permission. In fact it was under rent since 2002, but this was not revealed to me.
3. The will is unregistered and a fair share has not been given.
4. My mother's current residential floor is locked, and her almirah is also locked.
Rajgopal
Rajagopal BR
(Querist) 11 November 2012
Correction: Two wills were made in 2002. 2 of the houses mentioned above were in my mothers name, and were were listed in a similar unregistered will made by my mother.
Advocate M.Bhadra
(Expert) 11 November 2012
WILL can be effective when it would be granted by the Court after filing Probate Case by the executor on behalf of beneficiaries,you can file written objection about the WILL for challenge it,does not matter it may be registered or unregistered.If the Probate Case is not filled till date then you can file a Partition Suit claiming your equal share in Civil Court.
prabhakar singh
(Expert) 11 November 2012
Any will,registered or not ,can be challenged
by party injured provided grounds are there to do so.
Raj Kumar Makkad
(Expert) 14 November 2012
Any will whether it is registered or unregistered can be got challenged on many grounds by affected party before the competent court of las within 3 years of getting the knowledge of the said will.
