sreekanth (marketing) 20 May 2014

Will deed

Dear Sir

My Grandfather executed a will deed before his death and got it registered about 12 years back in favor of both his sons. The property is self acquired by my Grand Father. He gifted a house ( 250 sq yards) house to my uncle and another house ( about 500 sq yards) to my father since he took care of my grand parents.

Now after 12 years my uncle wants to challenge the will deed ( he has no document as such) demanding equitable division of assets.

The question is

1) Can a registered will be challenged in a court of law ( after 12 years)

2) My father did not get the property transfer the property in his name and he wishes to dispose a part of the property. Can he do so with out getting the property registered in his name?

Kindly clarify, sir.

Regards,

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8 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 May 2014

Now 12 years old will cannot be chanllenged. If he filed a suit it will be time barred suit.

Dr J C Vashista (Advocate) 20 May 2014

No one can stop challanging but it would not survive. Engage an expert local lawyer

Sudhir Kumar, Advocate (Advocate) 20 May 2014

I disagree.

Given facts indicate that your father has done biggest mistake that so far the will is not executed. It is subject to challange as and when your father seek transfer of ownersip to his name on the strength of this will.

Get ready to be harassed.

R.V.RAO (retired) 20 May 2014

there is no statutory time limit to challenge a will.

It is only a court of law which needs to decide(based on circumstances and natural justice ) if the delay(in challenging the will) is such that the will cannot be challenged.

courts also consider if the benefits under the will have already passed to the beneficiary ,to such an extent that it is not possible or even futile to challenge the will.

so time plays a vital role in challenging a will.

It (challenging a will) is better done within a reasonable time.what is reasonable time , only courts decide on merits of each such challenge.

normally, grounds of challenging a will are lack of testamentary capacity,fraud,forgery,witness not signing

in presence of testator, suspicious circumstances in the eyes of the court,revoking a will , and any other ground acceptable for admission by a court of law.

so if you have a conviction that the will is forged and confident of convincing the court about the same, go ahead and challenge the will.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 20 May 2014

Don't worry. Since your father has acquired the absolute right over the property through the registered will, he can dispose the same as he wishes.

However, it is open to the other party to challenge the will by filing suit. If the will is challenged, no doubt, it is the duty of beneficiary (in this case, your father) to prove the same as per section 68 of the Indian Evidence Act.

T. Kalaiselvan, Advocate (Advocate) 20 May 2014

As properly advised by learned Advocate Saleema Kabeer and perfectly opined and advised by Learned advocate Mr. R.V.Rao, there is no specific time limit for a Will that can be challenged, it depends on the circumstances and grounds that have arisen over the genuineness of the subject Will. If the Will is considered to have been executed under suspicious circumstances or has been a fabricated document with signatures forged and there prevails some substantial reasons to believe the issues, the court may proceed upon the issue referred before it.