Everyone has an equal right to his children and his wife in his ancestral property. That is, if a person has 3 children and those children get married and have children, then only the first three children will get the ancestral property. The father’s share of the property will be divided among the three children. You have seen that disputes often arise in households regarding the division of property. To avoid these controversies, some people write down their will.
That is, a will is necessary if a person wants his property to be available to only a select few after his death. In case of death without a will, the property is divided according to the law of succession. To avoid any kind of problem or dispute, it is necessary to register the will. But the question arises whether a registered will can also be challenged in court. We give you the answer.
Can a registered will be sued in court?
It is absolutely right that any option can be litigated in court. This can be done if there is a deficiency. Whether registered or not. There are several basic routines for this. However, to avoid challenging the will in court, its execution must be ensured as per the provisions of the Indian Succession Act, 1925.
What does Indian law say?
Suppose a woman inherits property from her parents. The woman wrote a will in favor of one of the four sons. Now that girl is not alive. After the woman’s death, the remaining 3 brothers came to know about the will. Unbeknownst to the three brothers, the will had already been registered in court. Can the 3 brothers not mentioned in the will challenge the will?…
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Yes, the validity and authenticity of a will can always be challenged. You can challenge your choice in court when you legally (your brother) file an eligible case to transfer the document/will to his name. You have the right to file a lawsuit in the appropriate court.
If you have four brothers in your family and after your mother’s death, one of them has forged the will documents, you can challenge the will in court. But for this you should seek the help of an experienced lawyer. Because only He can help you in such matters.
Registering a will does not bind the relevant documents to it. It can always be challenged in court. A registered will is also not necessarily the last will of the deceased. Could also be a new unregistered temple.
Grounds for Litigation:
If a person is tricked into writing a will, it can be challenged in court. Such will shall not be deemed to have been made with the free consent of the testator and such will may be revoked by the court. If a will is made against you through harassment or threats, such will is invalid and can also be set aside by the court. By law, only people above 18 years of age can write a will. Adults are believed to have the capacity to make a will. A will can be sued even by one’s state of mind.
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