False claim of Non-existence of "WILL"

803 votes

In the case of an unregistered will, it is still legally valid under Indian law, as registration is not mandatory for a will. The validity of the will depends on whether it complies with the formalities prescribed by the Indian Succession Act, 1925. According to Section 63 of the Indian Succession Act, a will must be signed by the testator and attested by at least two witnesses. If these conditions are met, the will can be considered valid. The elder sister’s claim that there is no will can be challenged if the younger sister has a copy of the will and can prove its authenticity. The authenticity of the will can be established by producing witnesses who can testify to its execution, as well as any other supporting documents or circumstances that show the will was made by the deceased parents. To resolve this dispute, the younger sister can apply for probate of the will under the Indian Succession Act, 1925. Probate is the legal process by which a will is validated by a court. The court will examine the will, hear the testimony of the witnesses, and determine whether the will is genuine. If the court grants probate, it confirms the will’s validity, and the assets will be distributed according to its terms. The elder sister, if she still disputes the will, can contest the probate application by claiming that the will is forged or invalid. The burden of proof would then shift to the younger sister to demonstrate the will’s authenticity. In the case of Bhagat Ram v. Teja Singh (2002), the Supreme Court emphasized that the onus of proving the genuineness of the will lies on the party asserting its existence. If the will is successfully proved, the elder sister’s claim that there is no will would fail. The legal remedy would be for the younger sister to file a probate petition in the appropriate court. If the will is upheld, the assets would be distributed equally among the legal heirs according to the terms of the will. If the elder sister wishes to contest it, she can raise objections during the probate proceedings, and the court will adjudicate the dispute.

Advocate Rohan Venkatesh Yemul LawRato