Will making by psychatric person
Pushpalatha H
(Querist) 09 December 2015
This query is : Resolved
My mother-in-law made Will in 2003. As per her Will her elder daughter will get 25 cents, other daughter will get 23 cent of land and balance to my husband. She is a psychiatric patient. Can she change her will now? Will made by a psychiatric person is valid or not? Property given by her father to her. Please advise me.
Advocate/CS Sanjeev Kataria
(Expert) 10 December 2015
will can be made by a mentally sound person, how she can do once she is not able to understand the consequences of her act.
Anupam Lahiri
(Expert) 11 December 2015
It is not understandable as to the exact nature of the condition of your mother-in-law when she made the will. To make a will it is very much necessary to have completely sound mental condition.
It is a question of fact as to the deepness of her psychiatric problems.
Pushpalatha H
(Querist) 12 December 2015
In 2003 she was normal and sound mental condition.At that time she was taking psychiatric medicines. The land given by her father to her.Is it a ancestral property? Can she make a registered Will for the entire property? She made a registered Will in 2003. She has one son and two daughters. Is there any chance for questioning the validity of the Will by other legal heirs after her death? Can she sell a part of land without the consent of other heirs? Please advise me.
Pushpalatha H
(Querist) 12 December 2015
In 2003 she was normal and sound mental condition.At that time she was taking psychiatric medicines. The land given by her father to her.Is it a ancestral property? Can she make a registered Will for the entire property? She made a registered Will in 2003. She has one son and two daughters. Is there any chance for questioning the validity of the Will by other legal heirs after her death? Can she sell a part of land without the consent of other heirs? Please advise me.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
If she was mentally sound at the time of executing the will, then it can be considered as valid document.
