Can registered will be challenged

554 votes

I presume that, your mother has executed will in your favour and there are other siblings who may be interested in the flat. Even a registered will can be challenged after death of a person on any of the following grounds -
a. That, at the time of execution of the will, the testator was not in a sound state of mind either due to intoxication or other physical/mental illness or incapacity.
b. that, the will was executed due to force, coercion, domination of will, fraud etc. (inference)
c. that, the witnesses are themselves interested parties or beneficiaries
d. that, witnesses were never present at the time of execution of the will and they have not seen testator sign it.
e. that the flat did not solely belong to the mother
f. there are erasures and over-writings in the will
g. there are other suspicious circumstances
Though, these defences may not be maintainable in the court of law, still, they can be raised.

Advocate Unmesh Gopal Dindore LawRato

527 votes

Yes a will can be challenged at anytime by any of the person who has a right in the willed property or his right was suppressed due to the will or who ought to have been a beneficiary of of the property if the will was not created. Even a registered will is subject to the above conditions, only advantage that it has is, it being a registered will it is hard to prove that it is bogus in the court. will in your case can be challeneged by any person who has interest in the flat or wants the flat.. the society may even be a little adament to transfer the property to the beneficiary. Even though there is no provision in law for the society to do so, but mostly the societys ask the beneficiary to issue a public notice in the paper. If theres anything else that you need plz contact me

Advocate Raunak Rane LawRato

597 votes

Registered will can be challenged only if it is done under influence, or person making it is not in a position to understand what he is doing, certain grounds are there when it can be challenged otherwise if is registered with due process of law then can not be challenged

Advocate Shrikant Laxman Tambe LawRato

685 votes

yes, but through the process of litigation, even if the will is registered in ur name den it depends wheather ur grandfather was a absolute owner of the said property. so, its always best to go for gift deed alongwith the said will. they can now claim there respective rights through the process of litigation.

Advocate Vaibhav Kharbanda LawRato