Legal Question in Civil Rights Law in India
probate christian will
my neighbour a christian died in 2005. he had executed a will. As everyone in the neighbourhood knows that he died issueless (no children) and his wife had expired few years before him. the administrator had filed for probate,now a unkwown person claims himself to be their son. he is contesting the probate . the will clearly say that he and his wife had no children. the so called son claims the property of the deceased and also declares that the will is forged and has been writted in suspcious circumstances. he has on a record of baptisim certficate with no signature of the parents.no birth certificate. What is the law on such situation? any legal authority to follow ? any
precedence?
3 Answers from Attorneys
Re: probate christian will
it has to be decided by the court of law whether the will is forged or the man was adopted as a son by the couple and it can not be stated in advance, as to what is the truth. it is more of a question of fact than of law.
Re: probate christian will
the case record need to be seen for correct advice but in such case the govt may acquire the property.
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Re: probate christian will
christian will should necessarily be probated. in this circumstance the issue is only question of fact rather than question of law. though it might arise doubt about the mental condition of the testator and undue influence on account of excluding the bounty to the close relative - the burden of proof lies on the person claiming himself to be the son to prove his status as a lawful son and that the will was executed by undue influence.
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