Legal Question in Wills and Trusts in India

Dear sir, I have not received the proper answer from your end pls let me know the clear answer .

My Question : My father has registered a will in favor of third party in 1993 and he died in 2005 .That third party(Third party is not related to us from any side) has put suit for declaration in 2007 but we r challenged that. In will there is shown the relationship with my father as meternal uncle . That will is not probated and the RTC of that property is transfered into my mother's name .In will there have not mentioned the any intention to execute that will . What will be the final judgment of this case ?

1) Is this suit is valid without probate?

2)If he proves with attesting withness, is it enough to prove the will only with withness and without the intention in the will?

3) What will be positive and negetive of the case?

I request u kindly to answer my Questions in detail.

Thinking You


Asked on 10/14/10, 11:30 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Is this suit is valid without probate?

The suit is valid and maintainable.

2)If he proves with attesting withness, is it enough to prove the will only with withness and without the intention in the will?

For proving a will, only its execution has to be proved by the propounder. Burden on you is to prove the suspicious circumstances, if any, surronding the WILL.

3) What will be positive and negetive of the case?

The one who proves his case through evidence.

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Answered on 10/15/10, 12:10 am


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