Legal Question in Wills and Trusts in India
my dad made a will but he insisted and so put my name as one of the 2 witness,now i
am beneficiary as well as a witness in his will ,its a registered will
can my sister challange the will?Is it easy to challenge a registered will?
3 Answers from Attorneys
23.03.2013
Dear Sir / Madam,
(Parvati, Pune, Maharashtra)
A beneficiary to a Will cannot be a witness of the same Will. The reason being that there is room to doubt that the testator of the Will was under undue influence to sign the Will.
Your sister can challenge the Will in Court.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
One needs to know your caste & religion, as certain castes and religion are exempt, from what my learned friend Mr. Chavan has said, and they can attest as witness; where they are beneficiary.
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