Is will done without consent of all children valid?


My brother has got the will registered from my mother in favour of his son who is minor, without my consent. All property including a plot which I had bought in my mother's name is also included in the will. I have left with no property. I have paid the money for the plot from my PF amount. I have lost the case in taluk Court. How should I challenge the case in district court?? Kindly suggest.

Answers (2)


206 votes

In order to show that the will is invalid, you will have to prove that the will was made through coercion. Since the matter was in place before the taluk court, you will need to introduce fresh evidence showing that coercion did exist and that the existence of the evidence was not known earlier.
however, it should be noted that a will made without consent of the children continues to be valid.
In this case as long as the property divested through the will was the property in the name of your mother, the will will be upheld unless the above is proved.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

298 votes

You are a bad example for too much of confidence on others ignoring your wife and children
The Will as stated by you will not be valid if challenged in court properly
To know more authoritative legal information on Wills you may read the book " Law of Wills in India" by prof V Narayana Swamy Consult your local Lawyer and take suitable legal action

Popular Wills / Trusts Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Wills / Trusts Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."