Indian Kanoon-Can a registered will be challenged?-LawRato

A registered will makes a strong case for itself when compared to an unregistered will, a registered will tells that the testator along with at least two witnesses went to the registrar’s office to get the will registered and in their presence signed the will and gave effect to that document.

The Registrations Act by its Sec. 18 neutralises the differentiation between an unregistered and a registered will where it makes the registration of a will optional. The section tries to blur the line of difference between the two and in the very same manner, the line is blurred while a will has to be challenged. Irrespective of the fact that whether a will is registered or not, the same can be challenged before the court of law.

A registered will just shows the intent of the testator, that he wanted to give such a will witnessed by two member effect when he died, but the inherent characteristic of a will being that it can be revoked any number of times makes the registered will invalid in presence of a will that was made after such a registered will, even if this new will is not registered, the same would be considered to be the valid will. In other words, a person can make as many will’s as possible and the last will so made by such a person in that series of will that is witnessed by atleast two persons would stand as the legally binding will, even if unregistered.

A will although registered can be challenged in the court of law. The mere fact that a will has been registered will not, by itself, be sufficient to dispel all suspicions regarding it. A registered will may not be the last testament. A new will made, even if unregistered, if valid, will trump the registered will. If there are any suspicious facts, the courts will scrutinize them even if the will is registered. Irrespective of the registration, a will can be challenged on the following grounds:

• Fraud
• Coercion
• Undue influence
• Suspicious Nature
• Lack of execution
• Lack of testamentary intention
• Lack of testamentary capacity
• Lack of knowledge and approval
• Forgery
• Revocation

After a person dies, his will takes effect and his assets are disposed of in accordance with the terms laid out in the will. So if one wants to challenge a will, the very same should be done as soon as possible, before the will is given effect because once the will has been executed as per the clauses of the will, it becomes a difficult task for the court to administer or facilitate the redistribution of property. Therefore, if you think the will needs to be contested, do it quickly. Do not wait for a long period.

[alabbas]

Thanku very much Sir Apki Is Vedio Or Idea Se Bohot Madad ho gayi hy Humri.. Allah apko or Buland Darjah De.. Ameen 😊🙏

[kiranpurohit]

rajsthan me 10 saal phele hui registry ko chellenged kar sakte hai sir?

[NikunshOfficial]

How would we know if a will is registered without the knowledge of all legal heirs?

[dennismasih]

your lectures are short and to the point I really appreciate your efforts and really like them

[syedabdulrahaman]

What is meant by explanation from registry in the court

[gauravsurve]

Sir If first WILL is registered and subsequent Will is not registered then what is Validity of the subsequent Will?

[anujmishra]

Can a person make a will of a property which is on lease?

[KillerPandit]

Sir if my grandfather has a property which has a house and a land just parallel to it, but the will has been made just for the land to my uncles name, and he sold it thru a sale deed earlier this year . Will the limitations act prevent my father to challenge the will so that his brother my uncle does not claims any share in the house that we live in for years and took care of our grandfather and now taking care of my grandmother after she dies. Because his intentions shows that he may claim in future, till when can i prevent myself my real question is this 3 years or 12 years as the will is executed now

[mohammedmateen]

Sir 20 sal pahle 2004 mai ek will banay gay thi .jis main ek maa ko( 3 daughter) hai wo sirf (1 daughter )ko will naam ki.( 2 daughter) she can will challenge?

[drpramodkumar]

One agriculture land ( area 110 dismal) has two khatiyandhari causin brother in equal right ( 55+55dismal). I had purchased 55 dismal land from one brother in 1973 through sale deed in bihar india. Other 55 dismal of land transfer to his nephew by second brother in 2002.
After 2002, it appear as total land on land map is reduced and in map it was actually 100 dismal ( in spite of khatiyan is 110 dismal).
What will be the my land area.... Would I got 55 dismal or less....

[indranilchakravarty]

Sir,
My father made one registered WILL five years ago and he is expired last year.
Then my mother prepared one registered WILL in this year in the month of February. Now my mother is also expired. Then which WILL is now valid and why old WILL is not valid. Please clarify....

[aniteshnandi]

Will kisina ragitree Kia but provide nahe Kia far kisina kharida or ragetree Kia bad ma osko pata Chala to oss will ko kasa cansil Kia jia🙏🙏🙏🙏🙏 please say

[narendrakharat]

can i search my parent will if he had made before

[mohanji]

Good information thanks sir but sir I want to know that my grandfather registered a will before his death in this will was write in punjabi but he was not know punjabi he was know only Hindi can it may be a point for challenge this
Also when he was register this will Only my uncle was persant with him can be it a point to challenge thanks for ur time

[Cavemanviral]

Sir ek vyakti ne apne makan ki registered wasiyat ki hai or bad me wo adha ya kuch hissa makaan ka bech deta hai kya isse wasiyat pe koi asar padhega?

[rxtechnical]

Sir vaseeyat me exkutar nahi to vaseeyat amanya hai

[rjzone]

sir compromise decree humare fever mei hai mere papa Ignorance ki wajah se decree mutation nhi karwa paaye lambe time se par usi jameen par ab virasat ka mutation daraj karwa liya tau ne ab hum case file kar rahe hai is mutation.ke khilaaf challenage kar rahe hai compromise decree se par sir aap bata sakte ho kitne dino tak case chalega ye jarur batana sir
thank you

[deepakmehta]

Toh Kya sir will ko probait krana jruri nhi h Kya

[khannamahendra]

सर नमस्कार, मेरे ससुर साहेब ने 3 विल बनवाई पहली2 विल में अपनी 3 बेटियों को एक पूरी प्रोपर्टी और बाकी दूसरी प्रोपर्टी अपने बेटों के नाम की और 3सरी विल में बेटियों को पूरी तरह से उस प्रोपर्टी से हटा कर उसे तीन बेटों के नाम कर दूसरी प्रोपर्टी में बेटियों और अन्य बेटों और इन तीनों बेटों को मिलाकर बटवारा कर दिया और बेटियों को 20% का हिस्सा दिया। क्या इस रेजिस्टर्ड विल को कोर्ट में challange किया जा सकता है?

[sktiwari]

My father executed a will (almost entire property was inherited by my father) but my father or my brothers didn't not inform me about the contents of the will. Neither I got any share in the property. Can I claim COPY of the will legally