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Bedomita Deb (Advocate)     21 July 2012

Will

Sir

 

I have got the following queries:-

1. Can a will be contested if one of the witness testifies that the signature is not his and also prove that when the will was executed the witness was out of station. in the case all other witnesses have expired.

2. Can daughters make their claims in the property even though they are not made the benificiaries in the will if so than how and thier objections to the will is how  far sustainable in the court ?

3. After the death of the testator can their be any modification in the provisions of the will by the beneficiaries by making agreements etc even when the will is not yet probated ? if yes than how can the agreement be revoked as the agreement was made under duress and the party has no evidence to prove the same. Can the party who is victim of this still go to the court for probate of the will in its original form?

Kindly help me with these questions as i have to take necessary action in this regard very shortly. Books dint help me much in this regard also kindly suggest a book for future reference.

Thank you

Bedomita Deb



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 July 2012

1. In that case if the propounder of the will has no other witness - then the will would successfully stand unworthy of belief as execution is not proved. 

 

2. Yes even after will the parties are free to give up their rights via registered family settlements/relinquishment deeds. It's a general principle that consent vitiated by undue influence/fraud etc - is not a valid consent, and agreement can be avoided by challenged or rescinding it. 

2 Like

Bedomita Deb (Advocate)     22 July 2012

Dear Sir,

Thank you so much for your reply now i can plan how to go ahead with this case as it is i have already filed a petition for giving notice to all the beneficiaries who are mentioned in the WILL and from them i came to know that the signature of one of the witness who is the son-in- law of the executant is false. Therefore your helped me to follow the track properly. Sir if possible can you kindly send me a citation where i cab make these stand stronger.

Thanks a lot hoping toget simillar help from your end in future as well.

Bedomita Deb


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