Non probate will
RAJKUMAR
(Querist) 02 February 2015
This query is : Resolved
my father in law has 4 daughters, of which my wife is second. Before his death in December, 1997, he had written a will in which he has mentioned that a property (immovable)in Chennai will be shared between his 3rd and 4th daughters after the demise of his wife - his wife, till her death can't sell or mortgage or demolish the property. this will was written in July, 1994 when he was suffering from acute cancer and was under chemotherapy. the beneficiaries of the will (wife, 3rd and 4th daughters) were the only person who were available while executing the will. The other 2 daughters were married and settled elsewhere. This will is still not probate and 1st and 2nd daughters are aware of such a will only a year back. The 1st and 2nd daughters feel that the other 3 beneficiaries influenced the executor (father) to write the will in their names since these 2 were not present at that time. Can this be considered as a death bed will or an influenced will. Is there any scope for us to contest the will. what is the possibility of the 1st and 2nd daughter to get a share of the property.
ROHIT SHARMA
(Expert) 02 February 2015
1. There is enough scope for you to contest the Will. For that the other two daughters can file civil suit for to obtain succession certificate and that is how the Will be brought to light and the Will then will be put to probate and the ground that such will was made under ignorance and undue influence can be advanced to nullify the legality of the Will.
Rajendra K Goyal
(Expert) 02 February 2015
You can challenge if you have enough proofs in your favor for pressure / undue influence etc. Consult local lawyer and show him all related documents.
RAJKUMAR
(Querist) 03 February 2015
Thanks Sirs, for the excellent contribution.
Proud to be a part of this forum.
