Legal Question in Wills and Trusts in India
3) In continuation my second question, I have to state that how can i prove that my mother has no capacity or is it not possible to prove that there was a relationship of master and servant as my mother was living with them and they did not allow her to talk with us and visit to our home during six years period they kept her as a hostage and naturally a 75 year old lady who was dependent
physically and mentally on them changed her first will in totally favor of one daughter and deprived of f the other two without any reason.Isn't it a suspicious case .
Is there any procedure to prove the another will null and void and to implement first will as it was written when the mother was living in her home.
it is total injustice to me and my late eldest sister who nursed my parents in their sufferings .secondly we are not aware of the second will only my second no sister in whose favour the will was made know everything. can i take a stay order on implemetation of tranfer of flat.
1 Answer from Attorneys
Law of Will says that it the last Will which is valid provided all the essentials of it will be met. Whether a Will is genuine or not will be ascertained by various factors in the court of law. Hence, the Will in question can be challenged and an interim stay can be taken.
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