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Partion suit challenge a will


01-Nov-2023 (In Property Law)
Filed suit for partition in reply got registered will how could challenge the person making will waS not in good mental but i am not haveing medical documents
Answers (5)

Answer #1
773 votes
Hello Sir. This is Adv. Shrikant Samantara.

There are various grounds on which it could be proved that, while making the will, the person was of unsound mind and the will was obtained by fraud, coercion, etc. For the same, I need to see the registered will to tell you the grounds, prima facie.

Further, a private forensic examination could be done to check the veracity of the will.

Feel free to reach out for for further queries.

Regards.
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Answer #2
941 votes
First you need to rely on you advocate for all these questions and if you are not satisfied with him it’s better u hire expert. WILL or any document can be challenged on the basis of any pressure, threat, coercion, undue influence, mis-representation or
fraud, etc and limitation act also play vital role. B in touch
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Answer #3
847 votes
You can challenge the Will without Medical Documents. At a later stage you may summon the medical documents vide court’s directions. Or you may demand from the other party.

Once you challenge it the other party shall bear the onus to prove it.

Even registered Will can be challenged on the grounds of unsound mental state of the Executing person.
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Answer #4
959 votes
Greetings,

If you think the will is forget and malafide, you can challenge it with appropriate procedure.

Also the complete facts need to be relooked.

Contact directly for consultation to share the facts and the complete issue

Regards
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Answer #5
834 votes
You may challenge on the other grounds as well and in order to prove the mental instability you may look for the circumstances in which he acted with disabilities and further you may prove with the help of witnesses. All the best.
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