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.

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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

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