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Can relative alter the registered will
10-Jan-2023 (In Property Law)
1) An unmarried friend (now deceased ) has left a registered will in my name (Will was registered 7 years back). I have started the probate procedures. How long it takes for the procedure?. 2)A far relative of the deceased friend is challenging the will. Can he do that and on what grounds . Is there a validity for his claims?
Reply to your query is as follows:
1. The time period of the case depends on the present stage of the case. Assuming that you have recently filed the case, the next stage would be issuing paper publication calling for any objections for issuing the probate and succession certificate in your name. If no objections are filed then the next stage would be your evidence and then arguments. This procedure/process takes anywhere between 3 to 6 months time.
2. Yes, a far relative can challenge the Will. However in doing so, he has to prove to the court that he is a legal heir as per the relevant provisions of the statute. There is a validity to the same unless you prove otherwise with the necessary evidence and by cross examination.
Regards.
1. The time period of the case depends on the present stage of the case. Assuming that you have recently filed the case, the next stage would be issuing paper publication calling for any objections for issuing the probate and succession certificate in your name. If no objections are filed then the next stage would be your evidence and then arguments. This procedure/process takes anywhere between 3 to 6 months time.
2. Yes, a far relative can challenge the Will. However in doing so, he has to prove to the court that he is a legal heir as per the relevant provisions of the statute. There is a validity to the same unless you prove otherwise with the necessary evidence and by cross examination.
Regards.
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Adv. Dilip Manivala
Bangalore | 25+ Answers
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No validity for claiming, when it was the cause of action..? In registered will testeters are live or not,..? If he challenged that will may be questioned , you may prove and deposed the witness who was the testeter in the will.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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Dear sir /Madam
Probate procedure will take 6 months to 1 year. And your deceased friend relative can challenged the will on ground that, forged, undue influence, and your deceased friend was not conscious or not capable to make will.
Probate procedure will take 6 months to 1 year. And your deceased friend relative can challenged the will on ground that, forged, undue influence, and your deceased friend was not conscious or not capable to make will.
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Adv. Shashikumar K
Bangalore | 200+ Answers
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