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challenging registered will deed


11-Dec-2023 (In Property Law)
my mother bequeath her house to my sister only who's taking care of my mother after my marriage she is refusing to give me nothing nd out of nowhere is produce a registered will which has my mother signature and photo and witness in will told me about this that my sister played an active role in executing the will and she is with my mother in sub registrar nwill is registered before 2.5 years before my mother death can I challenge this will does I have any changes to win the case
Answers (5)

Answer #1
926 votes
Chances of winning is only on the discretion of court, advocate can only put strives ! Moreover you don’t have any option apart from knocking the door of the court ! So before she sell
The property you better hire an expert advocate n file suit for partition, possession & thenceforth challenge the WILL
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Answer #2
506 votes
You can file the suit for cancellation of will before the concerted court. After examining the case and listing the parties, the court will give the judgment in your favour. The only thing you have to do is to go to court and file the petition through your advocate.
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Answer #3
581 votes
please make clear the following things :_

1. property whose will has been made was a self acquired or inherited ?

If property is self acquired then no point to challenge, unless the same has been procured by fraud, undue pressure or by illegal means.

If property is not self acquired and is inherited one ,then will is not valid and in that case property will be devolved as per Succession. Act.

Thanks
Feel free to ask any more enquire.
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Answer #4
920 votes
Dear client

The threshold to challenge a registered will is a little higher. There are certain grounds that you may raise before the court to show suspicious circumstances
That surround the will. If you are able to prove the same you need to create a reasonable doubt on the execution of the same.

Please feel free to get in touch to discuss further.

Regards
Adv. Abhinav Sharma
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Answer #5
894 votes
You do not need to challenge the will, else you should go for claiming your share in the property. Let the other side brong the will in that case and prove the will is genuine. For proving it wrong we need to understand the medical and health conditions of your mother whether she conciously did it or not. A dispute can be created , chances of winning are 50% in case we are able to create that will is suspicious.
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