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mama's family registered fraud will during covid
19-Apr-2025 (In Wills / Trusts Law)
After the passing of Nanaji, Mama's family locked his house during covid second wave, citing COVID-19 protocols, and prohibited my mother & masi from entering Nana's house, claiming it was for health safety. During this period, they destroyed all original documents and potential original will,
The will was allegedly executed using their driver as a witness, despite the fact that the nana and nani had lived separately from the mama & his family for over 35 years with no communication.
You may challenge the alleged Will on grounds of suspicious circumstances, especially destruction of original documents and exclusion of legal heirs. The use of a driver as a witness and the long period of estrangement from Mama’s family raises serious doubts about the Will's validity. You can file a civil suit for probate objection and also seek injunction to protect the property. Additionally, apply for Letters of Administration if no valid Will is found. Immediate legal action is advised to secure your mother and masi's inheritance rights.
Helpful?
Adv. Nidhi Mathur
Delhi | 50+ Answers
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Hi, as per the facts of the matter, it is a fit case to challenge the will in the court. The court recognises the right of the women in their parental property. Your maasi and mother can get their share in the property.
For further query feel free to contact us.
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Adv. Dhruv Bhalla
Delhi | 25+ Answers
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Even if the will was destroyed, daughter still has rights over the house. Your mamaji cannot sell the property without no objection certificate from your mom and masi. You can challenge the ownership and title of the house in court. In case your and there are lot of things that need to be understood like possession rights, ownership rights. If your nanaji transferred the house to your mom and masi, in that case only original will be of help.
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Adv. Aditi Gupta
Delhi | 25+ Answers
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This is a case where two things can be argued easily -
1. Challenge the will - fraudulent will, not executed by the deceased person upon free will, challenge it for undue influence during COVID-19.
2. The fact that he has been living separately for over 35 years is the most important factor in your favour to showcase the fraud perpetrated by them.
This shows that he could not have transferred the property to them out of love and affection, especially because he was living separately since 35 years. That the will is a fraudulent document, created to serve their own purpose.
We are happy to help with this matter, and file a suit in the concerned court after reviewing the documents. Please feel free to reach out.
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Adv. Nishtha Agarwal
Delhi | 25+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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