Ebook - 50 Legal Ways to Object to a Will
______________________________________________________________________________
Introduction
"It is
written on paper that this is the last decree, the words of this will are the
desire of life."
A Will is
the written proof of a person's last wish, which determines the succession of
his property. However, many times doubts, disputes or other legal questions
arise against the Will. In such a situation, it is very important to have the
right legal information, so that you can protect your rights in the judicial
process.
The purpose
of this ebook is to explain 50 legal ways to object to a Will in simple and
clear language. We have covered the provisions of the Indian Succession Act,
1925, the Code of Civil Procedure, 1908, and other relevant laws in detail.
Also, we have provided you with a practical approach by mentioning the latest
decisions of the Supreme Court and the High Court.
Whether you
are a legal professional, a law student, or a common citizen – this ebook will
prove to be an important guide for you. It provides comprehensive information
on objections to a will such as validity, fraud, undue influence, credibility
of witnesses, and mental instability.
It is our
endeavor to make you aware of your rights through this book and enable you to
stand strong in the legal process when needed.
"Information
is your greatest weapon – and the right information makes the path to justice
easy."
Regards,
Advocate Sheikh Javed Mohammad
(Author and
Legal Expert)
Special Note – A total of 50 ways of objecting to a
will are given below in this ebook, which have been elaborated in detail in the
ebook with examples and law. This ebook has been prepared in about 265 A4 SIZE pages.
---------------------------------------------------------------
Now
let's talk about where and how these objections can be made:
Procedure
for filing an objection to the will:
Objection
in civil court:
Objections
can be filed in the civil court during the process of "Probate" or
"Letter of Administration". If the succession certificate (Probate)
of the will is being taken, then you can file a protest in the court to
challenge it.
Who
can object:
An objection
to the will can be made by any person who is affected by the will, such as the
beneficiary named in the will, any legal heir, or any other close relative who
gets his share in the will.
Procedure
for filing an objection:
1. Protest
letter: The objector has to file a protest letter (Caveat) in the court,
stating that the person is challenging the will. In this, the legal grounds of
objection given by the objector are stated.
2.
Evidence: Along with
this, the objector has to mention the legal and factual evidence on the basis
of which he is challenging the will.
3.
Hearing in court: Once
the objection is filed, the court hears both the parties and examines the
validity of the will. If the court finds the objector's claim to be valid, it
can annul the will.
_______________________________________
Here are 50 legal ways of objection to a Will,
which are based on Indian Succession Law and various legal provisions: These 50
ways of objection are described in detail in the ebook with examples -
1.
Mental unsoundness of the testator – Indian Succession Act, Section 59
2.
Minority of the testator – Section 59
3.
Fraud in the Will – Section 61
4.
Undue influence – Section 61
5.
Contradictions in the testimony of witnesses – Section 63
6.
Defect in the signature of the testator – Section 63
7.
Absence of signatures of witnesses – Section 63
8.
Existence of a previous Will – Section 70
9.
Making an ineligible person a witness – Section 63
10.
Not giving fair share to heirs – Section 74
11.
Wrong or incomplete description of property – Section 74
12.
Revocation of Will – Section 62
13.
Will is vague – Section 74
14.
Property dispute pending in court – Other relevant laws
15.
Testator not having right over property – Section 59
16.
Loss of Will – Indian Evidence Act, Section 65
17.
Transfer or sale of property earlier – Section 59
18.
Forged signature on Will – Section 63
19.
Putting wrong date – Section 74
20.
Making of Will in absence of witnesses – Section 63
21.
Incomplete details of property – Section 74
22.
Making of Will under undue influence – Section 61
23.
Not having full right over property – Section 59
24.
Wrong attestation of Will – Section 63
25.
Inclusion of forged document – Section 61
26.
Dispossession of testator from property – Section 59
27.
Violation of rights of heirs – Section 59
28.
Improper division of property – Section 74
29.
Witness not verified properly – Section 63
30.
Selection of unqualified witness – Section 63
31.
Making of false copy – Section 61
32.
Use of ambiguous language – Section 74
33.
Transfer of property earlier – Section 59
34.
Absence of witnesses – Section 63
35.
Pending property dispute – Other relevant laws
36.
Lack of validity of the testator – Section 59
37.
Inclusion of false information – Section 61
38.
Dispute in signatures of witnesses – Section 63
39.
Other family dispute pending – Section 59
40.
Irregularities related to property – Section 74
41.
Wrong beneficiary named in Will – Section 74
42.
Suspicious circumstances in Will – Section 63
43.
Dispute over property of testator – Section 59
44.
Not attested by notary or advocate – Section 63
45.
Property in the name of other person – Section 59
46.
Faults in copy of Will – Indian Evidence Act
47.
Will being an inauthentic document – Section 63
48.
Signatures of irregular witnesses – Section 63
49.
Change in Will after death of testator – Section 62
50.
Property dispute pending on Will – Other property laws
Here 50 ways to object to Will are presented with
simple and clear examples, so that even a common man can easily understand the
same. So that you can understand this. Below, a total of 50 ways of objection
to a will are described in detail in a sequential manner -
________________________________________
1. Challenging a Will on the Ground of Mental
Unsoundness
• Section:
Section 59, Indian Succession Act, 1925
•
Description: According to Section 59 of the Indian Succession Act, 1925, the
person making the will should be of sound mind. This means that the testator
should be able to understand who they are, what property they own, and who they
want to inherit that property. If the testator was suffering from mental
unsoundness at the time of making the will, the will will not be considered
valid.
• Example:
If a person was suffering from mental illnesses like dementia, schizophrenia,
Alzheimer's at the time of making the will, then it can be understood that his
mental condition was not such that he could understand the consequences of the
will properly.
Suppose, an
80-year-old man suffering from Alzheimer's disease left his property in the
name of an acquaintance, whereas under normal circumstances he would have
wanted to leave it in the name of his children. Due to Alzheimer's, his
decision-making capacity was reduced, and he did not have a clear knowledge of
the decisions related to his property. In this situation, his family can
challenge the will, because the mental state of the testator was such that he
was unable to understand it.
•
Determining mental capacity:
Medical
evidence (such as doctor's documents, medical reports) can be presented in the
court to determine mental unsoundness. While examining mental health, the court
can consider whether the testator had a proper understanding about his property
and heirs or not.
• Legal
example:
There have
been many cases in Indian courts where a will has been revoked on the grounds
of mental unsoundness. For example, in ‘Kala Singh vs State of Punjab’ the
court said that the mental state of the testator should be such that he can
fully understand the consequences of making the will.
• Court’s
view:
In case of
mental unsoundness, the court will also see whether the testator was mentally
alert while taking the decision related to the will. If it is proved that his
mental state was not good at the time of making the will, then that will can be
cancelled.
In short:
If it is
proved that the testator was mentally unsound at the time of making the will
and he was not able to understand his property and its consequences, then that
will can be declared invalid by challenging it under Section 59.
________________________________________
2.
Challenging the will on the basis of pressure or coercion
• Section:
Section 59, 61 Indian Succession Act, 1925 and Indian Contract Act 1872
• Description: According to Section 59 of the Indian Succession Act, 1925, the person making
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