Advocate Sushil Khemraj Chaurasia

Questions Answered by Advocate Sushil Khemraj Chaurasia

Q: Can a Will which is not probated be challenged

I have one younger brother and one older sister. My parents have expired. I stay separately with my family (since 1984) and my sister is married (1978). My father in the year 1984/85 had made a will wherein he had given all his property to my younger brother. I was told about all this in the year 2014 by my brother. As my brother was staying in the same house it was ok for me. In April/May 2014 my brother informed me that he has sold the said property for Rs.127 lacs and since the will was in his name he is not ready to share any amount with us. I had talked with him and he was ready to pay me Rs. 8.5 lacs within a year to which I agreed. He has already paid Rs. 5.5 lacs but within two years. He was to pay Rs.3.0 lacs by Dec.2017. But he recently told me that he will pay Rs. 1.5 lacs by March 2018 and Rs. 1.5 lacs by Aug.2019. This is not acceptable. I request you to guide me as to what should be my response. Should I challenge him l as the will is not probated? I am a Hindu.

Advocate Sushil Khemraj Chaurasia answered
First of all, a Will which is not probated has no sanctity of law and legal value. I don't know as to on what basis the property belonging to your father came to be sold by your brother. Unless I see all the documents including ownership documents of your father, Will, registered sale deed executed by your brother in favour of third party, etc., I am unable to assist you properly. So first arrange for all documents as aforesaid.

Q: How can I cross check registered will and available copy of will

How to crossed check the Registered will paper and available copy of the will paper (वसीयत) are same or not ? My friends have dought(शक) on lower so how he can cross check? If different the he can change or not because he mention that this is my first and last will paper (वसियत).he is alive ,

Advocate Sushil Khemraj Chaurasia answered
You can apply for and obtain certified true copy of registered Will and compare it with the copy with you. So long as a person is alive he can prepare end number of Wills and revoke his earlier Wills, may it be registered or unregistered.

Q: Rights to see the copy of will & chances to modify will if eligible

My grandmother passed away...I don't know where is my father...my chacha is claiming he will give me one flat from inherited property but no idea about will. Do I have the legal right to see the copy of will. If yes then how. Also, any chances that they will modify the will.

Advocate Sushil Khemraj Chaurasia answered
You have absolute right to see the Will for which you can write a letter to the person in his whose power or possession the original Will is lying calling upon him to come with the Will for open reading in front of other acquaintances and family members. Chances of modification or fabrication of an unregistered Will cannot be completely ruled out.

Q: Can relatives foul play in case of unregistered will by father?

My dad has written a handwritten Will on regular paper, signed by himself and two witnesses. However. it has not been registered. The Will clearly states that after his death all his assets are to be divided equally among his two sons and he also states that he is writing it in sound mind and without any coercion. The Will has been signed by him and witnessed and signed by two persons and this will was written in the year 2000. He has also submitted the nomination form for the co-operative society flat that he owns and has nominated his two sons equally for transfer after his death. The same has been done with savings bank accounts and FD's and shares. My question is - considering the elapsed time since the writing of the Will and the fact that it has not been registered, is there any chance of foul-play after his death?

Advocate Sushil Khemraj Chaurasia answered
Will doesn't require any specific format and it need not be registered. The sine qua non for a valid Will is that it should be made by a person of sound and disposing mind and should be attested by two witnesses, meaning thereby that all should sign the Will at one and the same time. Will also doesn't have any limitation period, so not to worry. So long as witnesses corroborate execution of Will by testator, there is no problem. Only thing is you have to establish that the same was executed by testator in sound and disposing mind.

Q: If perjury case rejected by lower court can i file Writ in High court

My perjury case on trial in JMFC court. I filed perjury on RTI of PF department. Interestingly she filed divorce in sessions court and there also she lied about work status. immediately after DV, I didn't filed any WS but perjury. Opposite party filed their say and lied again to compensate the lies. I filed some additional documents hence opposite party requested some time. Hence next date given. Do you think JMFC judge can use his decretionary powers and still can dismiss perjury at this stage even after strong RTI replies. In worse case scenario of dismissal, Can I directly approach High court with Writ petition with JMFC order? Is this possible? Kindly advise!

Advocate Sushil Khemraj Chaurasia answered
If you can establish from the pleadings and statements made on oath that your wife has made false statements on oath which materially affects just decision of the case, trial court would certainly tilt in your favour. However, it all depends upon facts and circumstances of each case. In case despite this, if trial court rejects your application, u can challenge the order in HC.