Legal Question in Family Law in India

Re: Can my will be contested after I die?

Any person of sound mind can make a valid Will under the relevant and related provisions of the Succession Act. You can bequeath the movable / immovable properties to any one [legal person] to the exclusion of your wife subject to the condition that the properties are self-acquired in nature and not joint family / co-parcenary property. It is always advisable to register the Will before the sub-registrar of Assurances as it gets more legal weightage and there is no standard proforma of a Will, however, when you make a Will, ensure that the terms of the Will are clear and is according to your intentions as ambiguity may lead to suspicion, and let the Will be witnessed by atleast 3 Witnesses, 2 Independent Witness and 1 preferably a Qualified Doctor who can also endorse as to your sound state of mind, which would go a long way if someone were to challenge the Will at a later point of time.

Re: Can my will be contested after I die?

There is no bar in making a will in anybody's favour by any individual. it is adviced that you may execute a registered will in order to avoid any litigation after your demise. you can make anybody your beneficiary of your assets by your will. She may or may not create any hurdle is a secondary matter. The fact for consideration is that your testamentory must be such that it can not be challenged later on. For any further clarification or querry, you may contact me on my mail id [email protected].

Re: Can my will be contested after I die?

yes, it can be contested by the heirs of 1st catagory.

Re: Can my will be contested after I die?

Answer to your queries

1) Yes; your wife can contest your WILL after you die, since your wife is your first class Legal Representative, and law presumes that a husband would first have sympathy and care for her wife before his brother or sisters. So on this ground she could challenge the will to be sham and could claim in your property.

2) Since looking to your problem your will has to be very artistically drafted looking all walls of prospective litigations, where by all these things have to be well kept in mind

a) Dont forget to mention your separate living with your wife, the reason for which she is been excluded from your property.

b) Mention your any of the wills if you have prepared before and state them to be revoked by this subsequent will.

c) if possible take the video shooting while executing the will. (read the entire will)

d) Register the will.

Re: Can my will be contested after I die?

As per The Indian Succession Act, 1925 a Hindu can bequeath whatever property he or she is entitled to alienate inter vivos, which means among living persons. (Vallinayagam V. Pachacha, 1 M.R.C.R. 326). Care should be taken that the property is the self earned property of the person and not undivided coparcenary interest in joint property.

It is not necessary that any technical words or terms of art be used in a will, but only that the wording is such that the intentions of the testator can be known therefrom.

To be on the safer side the will should be properly signed by the testator and also attested by two witnesses. Proper attestation means compliance with section 63 of the Evidence act and where the testator reads the will to the witnesses and then asks them to attest his signature and they do it so, it would be sufficient compliance with the section.

Moreover in your situation it is also advisable that an explanation as to why no provision for the wife is made be also given. It has been held that a court is justified in doubting the genuineness of the will in such a situation if no explanation is given.

Re: Can my will be contested after I die?

There is no procedure for writing a will. However,the wordings, Physical/medical condition and the intention of the testator is more important, hence it is advisable to take the assistance of a legal knowledgeable person while writing a will. You can write a will of your self acquired property and the property which got devolved on you and no one can have any claim on the same. It is presumed that the queriest is a hindu.

Re: Can my will be contested after I die?

It is assumed that the querist is a Hindu. It is not clear if the wife of the querist has deserted or the reason for seperation. A hindu male can make a will for his self acquired property to give the property to any one he desires. Of course the will must be suitably drafted to say the reason why the property is being given in preference to some relatives while other relatives are ignored ( For example a wife deserting the husband could be mentioned in the will to justify not giving property to her etc). The will must be drafted suitably and registered and could be made secret until the death of the querist.