Legal Question in Wills and Trusts in India

In a Will, entire property has been given to one beneficiary. The Will has many grounds for being challenged; (a) the will is in English, a language, which the testator did not use for written or oral communication. She could only read English . (b) The first witness did not see the testator signing the Will, nor did she see the other witness at all at the time of witnessing the Will. In other words, the two witnesses signed on two different times, not simultaneously. (c) The testator visited a lawyer for preparing the Will, but the typed Will was collected later by the beneficiary/executor and brought to the testator for signature in a stapled envelope.(d) when the Will was opened, it was actually in an envelope having some staples, not tamper proof seal.

The beneficiary himself is the executor and refuses to get the Will probated and is in occupation of the property.

How to challenge the Will ? How much does it cost in terms of court fees in Delhi and how long does the process take ?

Asked on 6/25/13, 3:35 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP
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25.06.2013

Dear Sir / Madam,

Investigation on the validity of the Will is done only by the Court independently prior to issue of the Probate. You certainly have a legal right to challenge the Will and you should put forth your points and observations in your defence in the Court and leave it for the Judge hearing the case to decide thereupon.

Regards,

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6/25/13, 4:05 am
Yash Kumar Yash Kumar & Co.
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Dear Sir

The will can be challenged as per your arguments and the will can be authenticated only by the witnesses and therefore, you can challenge the will before the District Court having territorial jurisdiction. You have to pay ad-valorem court fee which depends on the value of the property.

For further assistance you may contact on 08750228171.

Thanks

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6/25/13, 8:56 am

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