Can a registered will be challenged in court?

2 brother and 1 sister, mother written will at the name daughter because one brother is mentally disturbed and the another least interested towards mother. Now mother has been passed away and big brother asking for the part from property however mother has been already done registered will at the name of daughter. Currently house paper, will' and possession is with daughter, can the brother file any case in the court?

Answers (2)

231 votes

Firstly I want to make it very clear that there is no law in India which makes Will registration compulsory. What is required is to prove that the will was written by mother in front of two witnesses who put their signature in front of testator(writer of will) and thr mother has read the will to both the witnesses. And witnesses agrees that they saw mother writing such will.
Brother can challenge the will but only thing is he need to prove the above requisites.

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138 votes

In the hindu law property divided between son both male and female you can file a case in the court against this will to take of your share in the property. And the court will decide in this matter further...

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