ram
(Querist) 14 August 2008
This query is : Resolved
presentation of Will opposed by testar wife (own property of teastar) What is the procidure.(Note The will given to other than family member by the testator)
Murali Krishna
(Expert) 14 August 2008
Under a Will property can be bequeated to outsiders also. It creates suspision about the genuinity of the will. However, there may be many extenuating circumstances under which, the tetator executes will in favour of outsiders. Unless, it is proved that the will is made under suspicious circumstances, and about its genuinity, the opposer may not have a case.
GOPI KRISHNA
(Expert) 14 August 2008
the burden is on the testator's wife to disprove the will
Srinivas.B.S.S.T
(Expert) 14 August 2008
No the burden will be on the person to whom the property is bequeathed by that will to prove that the will is executed in his favour and not under any influence or pressure.
KANDE VENKATESH GUPTA
(Expert) 14 August 2008
Question is not clear. What do you mean by presentation? Pelase give the full details of the facts of the case so that the members will be in a position to give proper advice. The will operates only after the death of the testator. You can produce the same before the court along with the plaint as was done in the other documents. The only thing is that you have to produce the witnesses and the scribe, as a matter of rule, to prove the genuineness of the will.
Guest
(Expert) 16 August 2008
Whether WILL was given or the property was given to the non family members. And what is presentation, is it probate you are talking off.
arunprakaash.m.
(Expert) 16 August 2008
To provoove the guienness of the will rests with the bequeathee.
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