Legal Question in Real Estate Law in India
Validity of a WILL
If the father dies (Christian) and has left an unregistered will bequeating both, the house and the business to just one son and the nothing to his other 5 children... can the others contest this will and can the one son justifiably get both the business and the house
2 Answers from Attorneys
Re: Validity of a WILL
If valid suspecion exist and the execution of will is suspicious then other sons or legal heirs including daughters can challenge the will. But prior to that certain steps are required to be taken to preserve the property of deceased.
Re: Validity of a WILL
Registration of a Will not compulsory. In case, you doubt genuiness of the Will, you can challenge the same before the Court. As far as justification of unequal distribution of estate under Will, same would depend on the facts and circumstances of every case - in some cases unequal distribution without any casue was held to be a ground to doubt genuiness of the Will.