Legal Question in Wills and Trusts in India

Sir

As per Indian Succession Act, the following are the pre-requisites to create a valid WILL.

1) The Will has to be the last Will of the Testator

2) Will has to be Signed / Thumb Impressed by the Testaor

3) Two Witness must Sign & Attest Such WILL

If the above three conditions are satisfied then a WILL can be considered as duly executed will under the Law.

In addition to the above grounds, the WILL can be challenged in the court on the following grounds : -

1) if you believe that WILL is forged i.e. signature / thumb impression are bogus

2) if the Testator was under mental disability to understand the contents of the WILL, or health wise he was incapable of executing WILL

3) If the will is got executed under undue influence, coercion etc.

4) if under any other circumstances, the execution of will is proved suspicious

The above are the legal parameters of judging a WILL.

Now coming to the facts of your case,

First of all, as you mentioned that the WILL pertains to an Ancestral Property, then, please note, one cannot bequest by WILL the whole of the ancestral property, save, then testators own undivided interest in such property. Additionally, such bequest under the WILL is totally invalid and cannot operate against the right of other Co-Owners.

Secondly, since you that mentioned that your father was not able sign the WILL due to his health condition, that leave big question regards (1) his health condition to execute the will; and (2) his mental capacity to understand the contents of will and make a thoughtful bequest.

Third, this is subject to other contents and provisions made in the will, if, considering the nature of bequest made in favor of your aunt, neglecting his natural legal heirs, make the will suspicious an also, executed under undue influence.

Forth aspect, you mentioned that the WILL has only thumb impression of your father an not his natural signature. This shows WILL is suspicious,

and Lastly, if the WILL has no signature of Witness, then the WILL has no value in eye of law an it cannot be looked in to at all.

So, based on the aforesaid aspect and the limited fact available, i am of the prima facie opinion that the WILL sounds to be non-genuine and you can challenge teh WILL.

You can contest the proceedings by filing a law suit for partition in Court.

I am based in Gujarat an can assist you with any legal help you require on the issue. You can contact me on my website or call me directly.

Please do not hesitate to mail me if u have any questions

Regards

Vivek N Mapara

www.vnmlaws.com

+91-94264 82371

[email protected]