Will made under pressure is it a valid will
30-May-2023 (In Wills / Trusts Law)
My mama(maternal uncle) pressurised my nanaji(Maternal grandfather) to make a will and he made it with him. Other mamas don't know what has been written in it. They don't know even if it is as my nanaji wanted bcoz due to nanaji's high age he can't see and read properly. If on his death the will turns out to be unfair, what do we do? Is there any provision regarding such matter where such will stands cancelled? What shall we do now?
Will made under undue influence will be an invalid will. Undue influence u/s.16 of Indian Contract Act is said to be exercised when the relations existing between the two parties are such that one of the parties is in the position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. However neither fiduciary relationship nor a dominating position would raise a presumption of undue influence in case of Wills as all influences are not unlawful. Persuasion on the basis of affection or ties is lawful. The influence of a person in fiduciary relationship would be lawful so long as the testator understands what he is doing. Thus it can be said that a testator maybe led but cannot be driven.
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