Can registered will be challenged?
My mother executed a will in my favour regarding property that originally belonged to my maternal grandfather and not my father. My sister has filed a case alleging that the will is fraudulent and improper, although it is registered with the Tehsildar. Mutation (Intkal) has been stopped. What should I do, and how strong is my case?
Dear Client, Yes, a registered Will can be challenged, but registration creates a strong presumption of its genuineness. Your sister must establish valid legal grounds such as fraud, coercion, undue influence, lack of testamentary capacity, or other suspicious circumstances surrounding its execution. If your mother had lawful ownership rights over the property inherited from her father, she was generally entitled to dispose of it through a Will. To defend your case, produce the registered Will, details of the attesting witnesses, and evidence showing that your mother was mentally competent and acted voluntarily when executing it. The strength of your case will depend on the evidence available and the facts proved before the court. For further assistance, contact Prime Legal.
Dear client, yes, a registration of ‘will’ can still be challenged as registration alone doesn't make it final. Your case is stronger as the will was properly signed, witnessed and your mother had clear ownership rights. Defend the case in court with all the proofs of genuineness and witnesses and apply to proceed with mutation. May this help and you have any further issues do not hesitate to contact us.
A registered will, even if entered in Tehsildar records, can be challenged only through civil court under succession laws. Since your sister has alleged fraud, the court will examine proof, witnesses, and validity. Your case is strong if will is duly executed, attested, and there is no coercion. Mutation (Intkal) is always subject to court outcome. For further legal assistance contact us on our helpline number.
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