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Will registeration and challenges faced after that
09-Nov-2023 (In Wills / Trusts Law)
Is medical certificate required for registering a will in Delhi?
If no can a registered will be challenged on mental capacity ground?
Hello Sir. This is Adv. Shrikant Samantara.
A medical certificate is not required for the registration of a will, and the same could be done by other means.
Further, according to Section 59 of the Indian Succession Act, the testator making a will must:
(i) Not be a minor
(ii) Be of sound mind.
Explanations 1 to 4 of the section state that a married woman, a deaf, dumb, or blind person, an insane person during his soundness, and a person knowing the consequences of the will can make a will.
Feel free to reach out for any further queries.
Regards.
A medical certificate is not required for the registration of a will, and the same could be done by other means.
Further, according to Section 59 of the Indian Succession Act, the testator making a will must:
(i) Not be a minor
(ii) Be of sound mind.
Explanations 1 to 4 of the section state that a married woman, a deaf, dumb, or blind person, an insane person during his soundness, and a person knowing the consequences of the will can make a will.
Feel free to reach out for any further queries.
Regards.
Helpful?
Adv. Shrikant Samantara
Delhi | 100+ Answers
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Yes You may challenge the registered Will of the same has been executed due to lack of testamentary capacity of the testator. You need to engage a lawyer and file a suit challenging the Will. Medical Documents you need to place on record to prove your case
Helpful?
Adv. Anubhav Kathuria
Delhi | 500+ Answers
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There is no requirement for getting a medical certificate for registering Will in Delhi. However, it is always advisable to produce a medical certificate along with the Will to the Registrar, in order to ward off Any allegation of unsound mind of the Testator.
Secondly, the registered will can be challenged on the grounds of testator being of Unsound mind at the time of making of will.
For any further legal assistance please feel free to contact.
Secondly, the registered will can be challenged on the grounds of testator being of Unsound mind at the time of making of will.
For any further legal assistance please feel free to contact.
Helpful?
Adv. Jia Kapur
Delhi | 200+ Answers
Chat
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