Legal Question in Real Estate Law in India
Can a WILL be challanged on behalf of ''NOT SOUND MIND''.
A person has made a Registered Will. For this purpose he went to the Sub Registrar office personally with his wife along with the wittness (non-relative) of his side and the second wittness was an Advocate. He signed on WILL and paste thumb impression on the WILL among the Sub Registrar as well as the two wittness also signed on the WILL , as well as a photo of that person with these wittness also be taken and paste on the Will. Now the question is that (1) Can this WILL be challanged in the court on behalf of allegation that the person was not in SOUND MIND at that time after his death? (2) Can the first wittness (not advocate)of this person side give false statement that the person was not in Sound Mind at that time in the court? If yes, what should beneficiar do?
4 Answers from Attorneys
Re: Can a WILL be challanged on behalf of ''NOT SOUND MIND''.
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Re: Can a WILL be challanged on behalf of ''NOT SOUND MIND''.
1. It can be challenged on the grounds available for such challenge.
2. What statement a witness can give is anybody's guess.
Beneficiary has to conduct the trial and get necessary order in accordance with law.
Re: Can a WILL be challanged on behalf of ''NOT SOUND MIND''.
Yes will can be challenge on the ground of unsound mind of the testator at the time of exucation of the will. However, a strong and cogent proof has to be produced in the court to establish that the testator was of unsound mind when he executed the will and got the same registeredl.
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Re: Can a WILL be challanged on behalf of ''NOT SOUND MIND''.
You have posed a hypothetical question. It may be better if you state your legal problem for appropriate opinion / guidance. The question of executing a will arises only after death of the executor. The result of a litigation is always uncertain and cannot be determined in advance. There are several ways of conducting a trial and evidence which may possibly be produced in the court may not be even contemplated at this stage.
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