India  |  Wills and Trusts

Legal Question

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

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 ?

2 Answers


Answered on: 6/25/13, 4:05 am by Fca Prashant Chavan

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,


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Expert Edge LLP prashant.pscl07@gmail.com "always A Step Ahead", Mumbai 52

Other answers from this attorney

Answered on: 6/25/13, 8:56 am by Yash Kumar

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


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Yash Kumar & Co. Ch. No. E-708, Lawyer's Chambers, Karkarduma Court Delhi. mobile no. 8750228171, 1100092

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search