Unregistered will

Querist : Anonymous (Querist) 26 April 2020 This query is : Resolved
Property through unregistered will is said to be given to my sister she stayed with my mother(testator of will) in the said property and presently she was in enjoyment, my mother died in 2016, I challenged will in court that her age is around 80 and testator was not in hale and healthy condition submitted medical report issued by goverment hospital. Is this proof is sufficient to challenge unregistered will.

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Raj Kumar Makkad (Expert) 26 April 2020
No. Persons generally in old age and in the condition of deteriorating health do write their wills so there is nothing abnormality on the basis of the age and physical health, however, if it is established that the testator was not mentally fit to know the said contents of the documents or the signature on the document do not bear of the testator or any other suspecious circumstances then only the will can be got set aside.

Rajendra K Goyal (Expert) 26 April 2020
Unregistered will is valid and enforceable.
You have to prove that the testator was unable to understand the contents due to mental condition at that time of bequeathing the will.
The witness of the testator would play an important role.

Querist : Anonymous (Querist) 26 April 2020
Dear sir,

Thanks for ur suggestion, I want to add
that defendents to court and also in will they were not mentioned this medical condition that she was partially paralyzed that to one week before writing will and she died after 20 days of writing will. And also witness are my own sisters other than beneficiary.

Raj Kumar Makkad (Expert) 26 April 2020
Paralytic attack not necessarily convert a person losing mental disorder, however, this is a matter of evidence. Better you bring a medical expert in the witness box who can better opine on this issue, however, if your other sisters other than the beneficiary are the witnesses to the registered will, is not a disqualification rather it can very well be persumed that your sisters are natural witnesses who were serving their ailing mother at that time but where were at that fateful time of injury/illness of your mother???

Rajendra K Goyal (Expert) 26 April 2020
It has to be proved that she was unable to understand the contents of the will / was not having sound mental situation while bequeathing the will.

Partial Paralyzed person can have sound mental condition.

Querist : Anonymous (Querist) 26 April 2020
Sir one more last query in said will it was not mentioned the document number of the property from which the property was inheritted to my mother and also not mentioned boundaries, measurements of the property only door number of the property was mentioned.

Dr J C Vashista (Expert) 27 April 2020
Are you successful in proving the fact that the will executed by deceased was due to ill-health (not in deposing mind), coercion, threat, allurement , pressure or any such effect which could establish that the subject will was to be declared as invalid ?
Whether the respondent/ defendant (presumably your sister, the beneficiary against whom you have instituted case/ suit) has brought the witness(es) to disprove your claim and prove that the will is validly executed?
Show the document to a local lawyer as you are unable to convey certain material facts qua description of the property inherited by the testator as posted by you.

Dr J C Vashista (Expert) 27 April 2020
Otherwise an unregistered will executed is valid.

Sudhir Kumar, Advocate (Expert) 27 April 2020
why are you giving facts in installments. Are you taking viva of the senior experts?

Rajendra K Goyal (Expert) 27 April 2020
Whether your mother has any other property with similar description with the property mentioned in the will and said to have been given to your sister? If so, what is written about that property in the will? If not, it is doubtful, your such an argument can be of much benefit for you in the case. The property in dispute can be identified as per description in the will.

Querist : Anonymous (Querist) 27 April 2020
Dear sir

My mother has only one property i.e house in said will only house number was mentioned is it necessary to mention document number, square yards and boundaries of the property

SHIRISH PAWAR, 7738990900 (Expert) 27 April 2020
Dear querist,

No mention of area and boundaries is good ground to challenge the will. You can proceed with the suit already filed.

Regards,

Rajendra K Goyal (Expert) 27 April 2020
House no. is mentioned, it represent the definite property, bequeathed by her in her will, sufficient as per requirement of the will. The deceased owned only one property which she bequeathed.

Will can be challenged on no. of grounds, it is doubtful only this ground can held the will invalid.

Querist : Anonymous (Querist) 27 April 2020
Dear sir,

In the partition registered document of the house house number was mentioned as 1-12-13 but after the house number was given as 1-12-14 which is same as in property tax receipt but this door number was not in registered document of the house.

Querist : Anonymous (Querist) 27 April 2020
I mean to say that house number in said will and property tax are same but coming to document is a registered partition document 1-12-13 house is divided into two portions one portion given to my mother.1-12-13 is the only house number in partition document

Raj Kumar Makkad (Expert) 27 April 2020
You cannot get much benefit of the technicality which you are repeatedly mentioning in the subsequent facts. You are posting facts in installments. You last argument of identification of the house do not stand before the fact that your mother had sole and one property, the number of which is correct as per tax receipt but not accurate as per registered sale-deed.

How can you prove that the intention of your mother was to make will of another house and not the present one? Once you have taken the stand that your mother was ill and thus she had not executed her will and further that will is fake and forged and at the same time, how can you admit that will is acurate but it do not belong to the property in question?

Such contradictory stand shall further weaken your case.

Querist : Anonymous (Querist) 27 April 2020
Thanks for all who had responded, and raj kumar sir agree with ur Last reply which make me understand that stick to particular otherwise ourself creating problems. This property is my ancestral property i.e my father's he was died when I was 5 that's why grand father put the property on my mother's name all my own sisters betrayed me for this property it is not matter of money sir it is the sentiment, it is not necessary to share this but I feel that way u people responded given me some hope thank u sir.

Querist : Anonymous (Querist) 27 April 2020
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Raj Kumar Makkad (Expert) 27 April 2020
Mr. Author! As the property is ancestral so you have automatic right in that property being coparcener which cannot be snatched from you either by a will or by way of any other mode. Agitate your case vigorously and effectively.

Raj Kumar Makkad (Expert) 27 April 2020
You are always welcome as and when required for legal advice on this or any other issue.

Rajendra K Goyal (Expert) 28 April 2020
You have mentioned that the property was ancestral. Please clarify.
An ancestral property is a property acquired by great great grandfather (Hindu) which has been passed down from generation to generation great grandfather, grandfather, father up to the present generation (your father in this case) without being divided or partitioned by your family.

Rajendra K Goyal (Expert) 28 April 2020
You have said, the property belonged to your father, if he bought/ got by gift / partition this property, it would become his self acquired property.
Please show all documents to your lawyer and confirm.
Even if it was bought by your Grandfather, it does not satisfy the definition / requirement of ancestral property.

If it was bought by your Grandfather and he gave it to your mother you can not challenge, after getting the property by her. Your mother has right to bequeath it in the name of any one she wish in such case.

You should concentrate to challenge the will.

Querist : Anonymous (Querist) 28 April 2020
Thank u Rajendra sir, it was self acquired by grandfather but it was partition registered to my mother.

Raj Kumar Makkad (Expert) 28 April 2020
If the property was registered in the name of your mother as a result of inheritance or partition of the property, the same acquires the status of her self acquired which means that she is capable enought to gift it the person of her choice or may bequeth the same by way of a will. None can challenge the disposal of the property on the part of your mother as per her free whims and wishes.

Rajendra K Goyal (Expert) 29 April 2020
In such case it would be treated as self acquired property of Your grandfather and also in the hands of your mother. They had right to sell / gift / bequeath the same in part or in full, as per their wish during their lifetime, any legal heir can not object..

Raj Kumar Makkad (Expert) 01 May 2020
You can raise objection on the technicalities only and not on the right of your mother to bequeth the said property.

Rajendra K Goyal (Expert) 01 May 2020
Your challenge can be based on technical grounds, legally from the given facts, it seems your case is not on rock strong base.

Raj Kumar Makkad (Expert) 01 May 2020
You have not mentioned the stage of the ongoing litigation which shall further be beneficial for you to get further advice.

Querist : Anonymous (Querist) 01 May 2020
Dear Raj Kumar sir,
Defendant cross examination completed they didn't produce document writer as witness, so issued summons to document writer. In said will my mother stated that my sister didn't own any house that why he was giving this house,but she owns a house which is on her name.if I price that my sister owning a house is it matters for court

Querist : Anonymous (Querist) 01 May 2020
Small correction prove replacing price in above statement

Querist : Anonymous (Querist) 01 May 2020
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Raj Kumar Makkad (Expert) 02 May 2020
May at the time when the said will was being signed, your beneficial sister not owned any house and later on she owned it. Check this fact. A valid suspecion can definitely be raised on this fact, if the same stands proved in your favour.

Rajendra K Goyal (Expert) 02 May 2020
The fact may not make much difference if the document writer was not called as witness. Whether the signing witnesses has witnessed having signed the will, if so, will may be held legal.

Rajendra K Goyal (Expert) 02 May 2020
The fact regarding already owning a house by sister can be raised. It can be argued that the will was based on misrepresentation by your sister.

As per facts, main question is whether the will is legal, there are no. of factors on the basis of which it can be held that will is legal. It was duly signed by witnesses, mother was owner of the property, registration of the will is not mandatory.

Querist : Anonymous (Querist) 02 May 2020
Dear sir,
When I search in browser on what grounds can a will is challenged it showed some factors like mental illness, forgery these are primary but one more point I noted i.e actually from my mother I didn't get any kind of property or money, if this issue is raised is there any chance of cancellation of will by court.

Rajendra K Goyal (Expert) 02 May 2020
Result of any will challenged in the court can not be predicted.

There are large no. of grounds on which any will (registered or unregistered) can be challenged.Each point has to be defended on the basis of the particular case.

Your lawyer would look after your interest in the court.

Raj Kumar Makkad (Expert) 02 May 2020
The issue under your consideration has no value in the eyes of law. A person having exclusive right of ownership if not barred under any law, can wilfully bequeth the same in favour of the person of his choice.

Raj Kumar Makkad (Expert) 02 May 2020
You have no right to raise any objection on the right of your mother to make will in favour of your sister instead of you or to include all her children in the will. If this is done, the purpose of the will shall get frusterated. If you have only this ground to challenge the will, forget to get the desired results and in these circumstances, it is better to make compromise with your sister so that some amicable settlement may be arrived at and even if not, then also you shal get more respect from your sister.

Rajendra K Goyal (Expert) 03 May 2020
Dear Author, as advised earlier, your grounds to challenge the will mentioned in this problem are not very strong grounds to set aside / held non- enforceable the will.

Solid grounds need to be given and hence to be proved before the court for this.

Rajendra K Goyal (Expert) 03 May 2020
She had undergone treatment, if it can be proved beyond doubt that she was unable to understand the contents of will at the time of signing, you can have chances.

Yet being your sister, she would be having claim in the property as legal heir.

Querist : Anonymous (Querist) 03 May 2020
Thank u rajendra sir for ur suggestions. If there is no influence or some thing why they don't go for registration of will, even though registration office is available in our town. Don't this points consider by court.

Rajendra K Goyal (Expert) 03 May 2020
Dear Author,

Repeat the fact, the registration is not mandatory for a will. Generally no one would be interested to go to registration till it is felt necessary.

Rajendra K Goyal (Expert) 03 May 2020
Onus is on you to prove that she was not mentally competent when will was executed for success in the case.

Raj Kumar Makkad (Expert) 03 May 2020
In the present scinario, maximum wlls get registered so that more authenticity may be given to it than an unregistered and it becomes easier to prove the registered will which is though not seen in your case but non-registration of the will do not make it an illegal. Will is required to be proved in both situations.

Raj Kumar Makkad (Expert) 03 May 2020
'Mental Incompetence' is an unheard word in the light of providing the will. The exact word is mental incapacity or mental disorder. Incompetence is an outside force whereas disorder or disability is interior.

Rajendra K Goyal (Expert) 04 May 2020
While bequeathing a will as a precaution signatures of family / other doctor are taken as witness which may also confirm that the person executing the will was mentally fit when will signed.
However, in this case, there exist no signature of any doctor as witness on the will.

The fact of mental condition has to be proved beyond doubt.

Rajendra K Goyal (Expert) 04 May 2020
Mental incapacity or mental disorder are used in legal terms, at this site wording used was easily understandable by layman.

However, wherever any mistake happens in any advice, experts can oblige by mentioning correct situation, it would be better for all / should be taken positively.