What’s the authorized process to contest a will’s validity in court docket?

We assume that the deceased, your uncle, was a Hindu and that he was survived by his spouse and son. Nonetheless, in your Uncle’s will, we perceive that he has bequeathed all his property/ properties to the charities thereby not giving any bequest to the professional heirs of your uncle.

Chances are you’ll notice that there isn’t any embargo or restrictions beneath the Hindu Succession Act for bequeathing the whole property for charitable functions.

Subsequently, except and till the son and his partner are in a position to show earlier than the court docket that the desire was made by fraud or coercion, the disposition/ bequest made beneath the desire can’t be disregarded by the court docket.

A person whom I do know made a will earlier than his dying and left all of his properties to his first son, and nothing for the second son or his solely daughter. His daughter thinks the desire has been tampered with and desires to know the authorized process to contest the desire.

—Title withheld on request

A will will be validly made by any grownup of sound thoughts. The testamentary or dispositive capability should be proved to the satisfaction of the court docket. Additional, the desire should be manufactured from the testator’s volition, absent of fraud, coercion, undue affect or different components that take away the testator’s free company. 

There is no such thing as a type, however its execution should be attested by not less than two witnesses on the course of the testator; every witness should attest the desire within the presence of the testator, although each needn’t be current on the identical time. Proof of a will means its proof in its solemn type. Such proof can solely be established by complying with all these necessities and adducing proof to show it.

Subsequently, except and till the daughter can show earlier than the court docket that the desire of Deceased was executed by fraud or coercion or undue affect which took away the free will of the testator, the bequest made beneath the desire can’t be declared as unnatural or invalid by the court docket.

Aradhana Bhansali is companion, Rajani Associates.

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Up to date: 14 Nov 2023, 10:22 PM IST