How to ascertain the validity of a will

528 votes

If you are disputing the will it should be it should be one of the issues while framing issues. if court has left it out you can move an application for framing additional issue for the same. For better advice you need to personally come with relevant documents then only I can advice you properly.

Advocate Brajesh Kumar LawRato

822 votes

Your lawyer would be the best person to advise you on the matter. In case you are not satisfied or want a second opinion/advise -- we can advise you appropriately once we see your papers and case details

Advocate Usha Sharma LawRato

643 votes

According to me your lawyer is absolutely right in not bringing the question of validity of will as if will is proven then you do not have any right in the property.The Responsibility to prove the will lies with the person who claims his right through will not you if he doesn't it to his peril however detail reply can be given only after going through your entire files.

Advocate Amit Gaurav LawRato

940 votes

Dear Sir(s)

Please note that there cannot be an oral gift of immovable property. Secondly, there should be an issue as to the genuineness of the will and the burden of proving the will should be on your uncle.

It is difficult to advise if you should revise your written statement without actually looking at it.

Thanks and regards

Advocate Dheeraj Gupta LawRato

767 votes

You should file an application for framing of additional issues with regards to the validity of the will. If there is no specific denial, the court may deem it as an admission
Further advice can be given after perusal of the case files

Advocate Hemant Kumar LawRato

793 votes

If the suit is for possession on the basis of a will, the plaintiff will have have to prove the will if it is denied by you. As such it may not be necessary for framing specific issue on genuineness of the will. The genuineness of the will is to be gone into in probate proceedings. The suit also may not be maintainable on the basis of a will which is not probated.

Advocate Ekta Mehta LawRato

784 votes

There are a couple of very important things to mention here:

1. Gift of an immovable property can ONLY be made in writing which has to be registered and attested by atleast two witnesses, unless the parties are governed by muslim law.

Thus if the latter is not the case, it is hard to imagine why such a submission has been preferred by a party. This is likely to be rejected immediately.

2. Once a party has put forth a submission regarding ownership through testamentary succession and the court does form an issue on the validity of such WILL, there is only one explanation to that, which is that the court has taken the other party to have accepted the existence and validity of the will.

In light of the factual scenario, this is quite strange as I don't see how the defendant can refute the ownership right of the plaintiff without contesting the WILL.

It seems that the defendants have been victims of ineffective legal assistance. I suggest review your legal support asap before things get out of hand.

Advocate Nikhil Sabharwal LawRato