The legal sanctity of a will
shivmangal
(Querist) 20 March 2012
This query is : Resolved
my father acquired a plot with his own income and got will in my name also the will is registered.
Now what all problems can be created by my siblings later once my father is no more.
ajay sethi
(Expert) 20 March 2012
well if will has been amde by your father and signed by 2 witnesses and it is registered then after your father death apply for probate .
your siblings can challenge the genuine ness of will
Raj Kumar Makkad
(Expert) 20 March 2012
If will has duly been registered then no problem can be got created by other siblings.
Basavaraj
(Expert) 20 March 2012
agree with rajkumar
SAINATH DEVALLA
(Expert) 20 March 2012
Dear Mr.Sivamangal,
You are taking about the will written in your name.Your father is still alive,and you are talking about the legalities of the will if he dies.Nothing harsh than this,wwhen your father is still alive.He will be really dead when he sees this query.
Sudhir Kumar, Advocate
(Expert) 20 March 2012
THE QUERITST HAS TO FACE THE HARSH REALITY.
When father is excluding all his siblings that is clear indication that his siblings are irresponsible and not looking after him at old age. Otherwise no father take this step.
Such loss of property is not easily swallowed by the siblings and they want to leave no stone unturned to deprived the beneficiary of the will. In case they happen to be unethical also then the strength of telling lies is increased.
Every will is meant to be challenged. You should not be disturbed if meanest possible allegation is made against you.
The will can be challenged (rather will be challenged) on the following grounds :-
(i) The property was ancestral and your father had no right to will.
(ii) Your father lost capacity of brain before death.
(iii) you have compelled him to sign.
(iv) The date and place of signature are such that the witnesses were present elsewhere.
(v) the witnesses were bribed to sign father did not sign and you forged it.
(vi) the witness coming before court is not the same person whose signature is there.
(vii) the property actually belonged to your mother forcibly transferred by your father and he had no right to will.
(viii) Father was blind or hard of hearing some days before death and his signatures were obtained by deception.
(ix) Father was living under your undue influence before death (this stands is generally taken by unfaithful children against the loyal one) and you tortured him. You did not allow your siblings to meet him.
(x) The property is vaguely described in the WILL.
(xi) Father had changed religion before WILL
(xii) you have changed religion.
(xiii) you or your spouse killed father and should not be allowed benefit of will.
If you had been Muslim then there are other grounds also for challenge
BUT TRUTH WINS
