Property frauds and malpractices are one of the major reasons that Indian courts have many impending property cases. Although, chances of any frauds come down if there is a will in place and if it is registered, but there are many examples where we can see that frauds have been committed. So the question arises can a registered will be challenged in court? Find your answer below.
What is a will?A will is a written testament of the intention of the person to distribute his/her property and assets after his/her death. A registered will is a will which has been signed in front of a registrar and witnesses.
Is registered will challenged?Yes, a registered will can be challenged in the court of law. Despite being registered, it cannot be considered the final word from departed souls if a proof against it is produced. Here are a few scenarios where a registered will can be challenged.
Fraud
Coercion
Undue influence
Suspicious nature
Lack of due execution
Lack of testamentary intention
Lack of testamentary capacity
Lack of knowledge and approval
Forgery
Revocation
Here is how you can challenge a registered will in the court:
File a lawsuit with the civil court and issue a vakalatnama so that a lawyer can present your case in the court for you.
Pay the requisite court fee
Once the case is accepted, the court will issue the notice to defendant against whom you’ve drawn the case to present his side and give a written statement in defence
File the supporting documents for your claim such as legal heir certificate, a new will which wasn’t produced before, witnesses, etc.
The court will scrutinize everything carefully and if your claims are verified the registered will would be nullified and further action will be taken.
I hope I was able to answer your query: can a registered will be challenged in court or not.
Read more: Difference between registered will and unregistered will Is probate necessary for registered willYour Feedback Matters! How was this Answer?
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Can a registered will be challenged?
Mohit Gandhi
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4 Year
2021-09-23T11:36:20+00:00 2021-09-24T10:21:58+00:00Comment
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