How to challenge a will in court and win ?
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- Опубліковано 15 вер 2024
- For any legal advice, visit our website www.thestudiolegal.com
This video explains the provisions under Indian Succession act to challenge a Will in the Court of Law.
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Speaker in the video: Adv. Mohini A. Maroo
What is the time period of challenge in court?
Wow maidam your wonderful informative and helpful for humanity ❤
In which court we can challenge a will deed?/ Where to challenge will deed?
Bohot bohot shukriya mam, Tru information ke liye...
Legal heirs can challenge will .after 20 year?
So great information explained however pls kindly be made a video on 89 CPC when partition of property made on through family settlement about self acquired property but after that a deed of Will executed by the father towards his share came in his part is valid Or not. Thanks ❤ for your valuable information.
Well explain 🙏🙏
hi Mohini ..
just curious to know how to deal with a contested will ? what will a beneficiary do if a will in his/her favour is being challenged ?
defense will be based on the execution of the WILL and validity will be tested.
Please give me a judgement of
unregistered making simple paper will.
do you charge if I'll get advice from you?
MADAM.CONGRATULTIONS.🙏🙏🙏(Kerala)
great information thank you
Hello Madam,
There is an registered will which was not cancelled and my family relatives created an another unregistered will with signature experts. Now which WILL is correct and had value?
In will property details what document should be there
For further legal advise you can email us at studiolegal21@gmail.com
Your analysis is excellent and beautiful ❤ like you
Namaste madam my father purchased property on 1993 and testor he is wrote will and sale deed on 1997 and 1998 he is die but my father is not registered the will and sale deed .....if there is chance for registration and can I produce to court...please provide guidance madam
what will happen if no will is there and parents die....what will happen to the movable and immovable properties in that case?...will it be automatically distributed between children in equal ratio?
We have a separate video made on this topic
Hi mam if all sons of a father were not present or informed about a will and there is very unequal division of property and assets & witness were beneficiary close relative .Also will is not registered .So in that case can we challenge a will 🙏
Hi mam . My father died on august 2022. He has done registered will on behalf of me and my mother has gone to home when my birth but my father and mother did not take divorce and my big sister child is also there but my sister died on 2003 and one of my sister is shown on will is unmarried but she is creating problem to challenging a will. What I can do suggest me.
Mam plz tell me
Diffirent between Exucation and ragistration.
Agar exucation complete na ho jaise two witness k sign na ho or unki id lagi ho kici other person ne same writing me witnsss k naam likh diya or wahi witness k dwara ragidtration bhi karwaliya ho
Will dacument pr koe bhi excutor person bhi nahi hai to kya forejary dacument hai
Apke answer ka wait karta hu mam 🙏🙏
you have to apply for probate in court, this matter is disputed that is why
you can email us on studiolega21@gmail.com for further details and advise
If the beneficiary was to inherit major assets then what's wrong in it,if he / she is the main legal hier why not he play an active role
That will create the suspicious circumstances. It could mean that he has has played active role in manipulation
@@StudioLegalyes
Same happened with my grandmother too
मेरे माता पिताजी ने मेरे नाम का वील बनाया है ।लेकिन उसको रजिस्टर करवाने से पहले दोनो की डेथ हो गई है तो क्या अभी। रजिस्टर हो सकता है। ?
Attesting witnesses are dead.Then, How to take the statements to prove whether the will is Valid?
hi, I checked your channel, and I have some issues if possible please give me your initial advice. 20 year back my dad wrote a will on my name. In 2018 my Sister change the will to both of our names each 50% without informing me. Now she is not allowing me to talk with my dad(no access) and trying to grab all the property. I don't know what's happening. She is telling relatives and friends I am not going to give anything, I will spend money to lawyers and get everything. I need your advice. Thanks
Hi Madam, We are planning to purchase a property but actually owner is passed away but there is a unregistered will saying that she have four children's but property will be transferred to one of her daughter after her death, so can we purchase or not, if we purchase what will be the challenges and it is not a forefathers property, pls suggest.
My dad left an unregistered will in my Name.
Witness signed by my Mother & his Care taker. I Have two elder sisters & one elder Brother. I'm expecting objections for probate from my mom & sisters. What are the possible objections I can expect...??
Almost all common objections are explained in the video. In your case all those objections can be raised.
Mam meri vashiyat me 4 bahiyo ka hissa h agar mere papa ke naam grandpa benama kar de to kya koi dusra brother case kar sakta alag se
Great job Ma'am 🙂🙏
Pls make the video on if family partition made execute through family settlement allowed under 89 cpc by the law of court then deed of Will can be executed. So much Thanks❤ about your great interpretation on complicated sections of law.
Thnq mam
So great knowledge
Hi madam. Grandparents did not hav children. They adopted my father but did not make adoption papers. Grandfather dies and later even my father expired. My grandmother gave me the gift of the house which was in grandfather name. Now my father sister claim they had a will from grandpa which include herself and my father as beneficiary.
Can you suggest how to go about this?
Thank you very nice video 🙏🙏👍👍💯💯
My father had not written any will in name of any childrens
Then how to share will against (3 son and 3 daughter)
Children will have equal share. And if any of the siblings do not want any part of the share in the property, relinquishment deed can be executed.
For further details visit our website , contact details are mentioned there
Can you please tell what's the time limit to challenge a partition deed???
mam good evening .mam kya brother wife can gift her decesased husband property to her husband brothers through gift deed.
పిత్రాజిత(partition deed-1970) ఆస్తి మీద వీళునామ రాయవచ్ఛా ??
దయచేసి చెప్పండి !!
under which section registered will get challanged
Thanks for helping meby giving lot of information
It's my pleasure, thanks for watching the video
Dear ma'am
My grandfather create a will in that he transferred all the property to my elder brother wife but my father is still alive is there any possibility to win the case
I am a nominee of my husbands self acquired property and i want to give it to only one child can a mother as a nominee give all the property of her husbands self acquired to only one child
You are the nominee and not the owner. You donot have the right to sell, gift or or include these properties even in your WILL unless you are the owner of the property.
Please watch the video carefully again NOMINEE VS Legal Heir ua-cam.com/video/ifEtRaC_LDQ/v-deo.html
For further consultation, visit www. thestudiolegal.com contact details mentioned therein.
Registered Will can be challenge after 12 year ?
Hi i have a query if testator write a will in 1999 and sell out one portion of the property in 2005 and die in 2008 and further he is not execute any will after 2005.. so the will in 1999 is valid in law
for answering this question I need to read the WILL. He has the right to sell the property even if included in the WILL.
and this does not mean that the entire WILL be void.
If there is rough work done and hide by whitener in one of pages in will , can that will be challenged? Is that sufficient evidence to challenge?
If there is a minor change or alteration (bonafide mistake) in the WILL, the testators signature as well as the notary stamp (if notarised)should be present at that particular place a where the change has been made.
If the above is not followed, then such mistake/change can become one of the grounds to challenge a WILL
MADAM CAN NOTARY WILL CAN CANCEL MUTATION THAT IS DONE AS NOTARY WILL IS MADE GENUINE BEFORE DEATH BUT MUTATION HAS BEEEN DONE AS NOTARY IS FOUND LATER
no
mutation (cancellation) has to be done through govt. department only (Land Revenue Records Office)
Hello Mam
If in registered will Dr. Medical certificate have been attach which is Forged with Dr. Stamp and signature can be challenged
yes, such will can be challenged
Can it possible to challenged a registered will after probate grant ?
What is citation ? Is it necessary to issue during probate litigation to all other legal hier who are deprived ?
For further legal advice
you can email us at studiolegal21@gmail.com
or else visit our website www.thetudiolegal.com
for on phone consultation.
Hi mam
My granny made a registered will to grand son of her own property when he was minor in 2004, due to some issues she made a gift deed to her daughter in 2021 as per legal registration procedure,
but she forgotten to cancel a will before making the gift deed,
Now granny is no more,
At present which document has a power is it a will or gift deed ????
Please let me get some suggestions mam
for this we need to read the WILL as well as the GIFT DEED.
you can email your further query at studiolegal21@gmail.com
My hauband has written handwritten will but witness signatures r not there what to do with that will?😊
You can call us for further legal advise, we help you with your matter.
please visit our website www.thestudiolegal.com to know about the contact details,.
Will without attesting witness has no value
Kab tak will ko challenge kar sakte hai
as soon as you can..
Donot wait till probation of Will
Actually I am not very suitable condition right now mam
But it will confirm I will fill a suit against fraud
Pls can you tell me the time period according law
within 3 years is the ideal time period.
Hi Mohoni, new to your channel. Im living in Australia and we had some land and house in Uttar Pradesh and my father died in March 2022 because of drinking heavily. His mental condition was not great. In 2021, we had to send him in mental centre for some treatment too. Before he died in March, my Aunt fraudulently transfered all the land and house on her name by a will. I just came to know about it today after 6 months. Can we challenge the will as my father was not in a great condition? Could you please advise me on this whenever you get some time? Kind regards
Mam,
Apko will cancelation ki file karni chaheye
Apko apna property right milega
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
yes, you fall under the category of rightful legal heirs. Ofcourse you can and should demand a copy of the WILL.
Yes.. u can challenge will.. u r a woman ? And ur brothers dint inform ?
Is it necessary to obtain probale for WILL made in delhi and registered also.
Willed Property is in delhi by delhi resident in favor of delhi resident
we can further guide you in your case
please fill up contact us form on www.thestudiolegal.com and we will get back to you
www.thestudiolegal.com/
Agar will two times likhi gyi ho aur vo dono will registered ho, but last vale will me first will ke bare me koi information nahi di gayi ho aur na hi last will ko cancel karne ki baat likhi gyi ho, to aise me kaun sa will valid hoga... Kindly inform.
Thanking you
Both WILLs are invalid in this case. You cannot suppress material facts and this will raise benefit of doubt.
Mam please reply my comment
My grandfather has 4 brothers. 2 got married, 2 didn't. Those who are not married have only relation with our family.They both made a will in 2008 in the name of me and my brother. We are their brother's grandsons.
They both have nothing to do with the other brother.That brother did not invite them to the wedding of his sons. When either of the brothers was ill, he never even inquired about their well being.
A grandfather had a heart attack. We got all his treatment done. My father is a handicap, so they got their will done in our name or else the would have gave it to my dad.
Whatever land is in the names of those two brothers, we sow it, we both take care of it and give whatever crop is there to these two grandfathers. In 2012, my grandfather died, since then till today I am the only one. Take care of them both.
We and the other party had bought land in a different district. I was born in another district as well. While those two grandfathers live in the first district, I also live with them because of them. We handle all their big expenses. I took a loan of 5 lakhs. Build 2 rooms for them and dug borewells in their land.
After grandfather's death, due to father's handicap, the responsibility of all the house fell on both of us brothers. I had 87% marks in non medical in +2. And I wanted to further my studies. But one is for my family. Responsibility The second, those two grandfathers lived in a different village, because of their responsibility, I could not even study. Because I had to look after my house and take care of my grandfather too. Both the houses came under my responsibility. But the other party did not call them even once after 2005. Never inquired about their condition, never came to see them.Many times both of those grandfathers were beaten up by the other party that they did not get the land in their name. They also filed a case in the court with both the grandfathers while selling the land. Many times a false FIR was made against them.
But today many people are telling us that the will which they both have made in your name cannot do anything. Because we are the grandsons of their brother. We have no right on their property. Brothers and nephews have the right to land.People are saying that nothing will come to us from the land after their death.
Now both the brothers are alive. Can we get direct land or make a will again in the name of our father.
Sir meri mother in law ne registered will bnai h mere hubby k naam. But jb uhnony will bnai thi tb unki tbiyet bhut khrab thi k woh proper sign bhi ni kr skte thy but will registered h. Toh kya yeh will challenge ho skti h
Haan ho sakti hai cancel.
For further advise you can contact us through studiolegal21@gmail.com
or visit www.thestudiolegal.com, contact details are mentioned therein
Hi Ma'am in Indian court of law can a Christian will be challenged?
yes !
How one can find a registered will online which was made before 2010
Please send your query through email
studiolegal21@gmail.com
Sometimes parents give their most property to a innocent responsible child than a cunning one, because they know their children- and because it should benefit their future. Feel like court should understand human relations more deep than only depending on given substances and evidences. Here most of the money and time is lost running, fighting in the courts itself. Some are not educated or in good health or busy in hard daily life earnings- how will such be given justice?
And many lawyers should be examined for what crime they favour. They should be punished severely.
Great Info...👌
Hello, ma'm
Jab Civil Court & Revenue Court me cash register ho, aur usake 2 month bad ek 84 year old aadami se 'Unregistered Will' banaya jaye to kya wo Will legal hogi.
Will par Age 84 year aur usake sath jode gaye Medical Certificate par Age 60 year lagaya gaya hai. Plz Reply 🙏
unregistered is valid in law. there are certain requirements to be fulfilled before executing an unregistered will
Nahi chalega aisa medical certificate.
For further legal advice you can email us at studiolega21@gmail.com or visit www.thestudiolegal.com you will find contact details there.
Can testator write will on third person outside family by ignoring his our daughters ? Is ir valid ?
yes, he can that is why the the document is called as a "WILL" .... "khudki marzi"
For further legal advice
you can email us at studiolegal21@gmail.com
or else visit our website www.thetudiolegal.com
for on phone consultation.
Hi I am a beneficiary of a will and my brother is going to challange the will. Can you advise further pls
please write to us about your query studiolegal21@gmail.com
We will give a detailed legal advice
What if the testator's witnesses are no more ?
therefore, It is advisable to have witnesses of younger age and more than 2
Madamji मैने 11,40,000 (रु.ग्याराह लाख चालीस हजार मे खरीदा हूं,
एक ने मैने खरीदी हुई जमीन को सिविल कोर्ट मे चॅलेंज किया है , लेकिन उसने कोर्ट फी नहीं भरी है , उपर दि हुई रकम को कितना कोर्ट फी लगेंगी , कृपया बताये Madamji
Hello Mohini,
My father died due to covid several months ago.
My father was absolute owner of a property.
His legal heirs are my mother, my sister and I.
How can we sell this property?
Do we need any document?
hello
which type of property is it ?
resi/commercial in rural area or urban area ?
@@StudioLegal
It is residential property and in urban area.
There is one more property which is of commercial nature in urban area.
Thanks for your reply. I was eagerly waiting for it.
anytime if you sell an inherited property it advisable if you convert the property first into your name (legal heirs) and then sell the same.
For further advice I need more details. email us at studiolegal21@gmail.com, or visit www.thestudiolegal.com contact details are mentioned therein
@@StudioLegal
Is succession certificate required in this case of immovable property?
Or we can just sell it with the help of reliquishment deed?
Thanks for your reply
Thnq mam
Please Provide any Case law disproved registered will & gift deed
please write to us on studiolegal21@gmail.com for further legal advice
Madam tell me about gift deed
there is a separate video for gift deed on our channel
Have some queries.
we had replied you back on the website
( Gift case) how much year will run case in court.
Depends on case to case basis
@@StudioLegal any maximum year by court or unlimited is not fair
Hi mam my husband wroted a register will on his mothers name..I had two childrens
Okay
is your husband alive ?
@@StudioLegal no mam he expired ..after his death the will was came out
if you think that the WILL is forged, you can challenge the WILL.
Without reading the will I cannot say it is forged or not.
Who can be the witness?? Any family member or out of family ??
any adult person can be a witness, preferably make those persons witnesses who are not interested in the property.
Hii Mohni
Kese ho
Great information
Can the will be challenged if the property mentioned in will is not self acquired....that is it is only inherited ones like village land?
yes it can be
Mam need some legal advice , how to contact you
www.thestudiolegal.com, you will find contact details there
Intention or reason bataya false hoga toe? Leg fractured rha
Mother died leaving two minor daughters age 11nd9 father made another marriage. Both the daughters got proper care ND married by father ND the second mother... The second mother has no child except us... Father died... Second mother made a registered will clearly mentioning her sisters daughter. She clearly mentioned she has no issue(nisantaan) no word was written for us. OK give us legal openion
you can email this query on studiolegal21@gmail.com, we will definitely help you further.
Ratio divide agbeka 2 persons
Mam bona fight ka video bna dege. I
"bonafide" kis topic mein ?
Section 16. Kreta savdhan
A broker who is not even a family member has submitted a Will Deed on his name and his family as the beneficiary allegedly made by my late father and late grand mother stating that my father was neither married nor has any children and that they both wish to hand over the entire properties both residential as well as commerical and a farm house after their death to this broker. This will was made on a rs 20 stamp paper in the year 1999.
I have challenged it in 2018 still no results.
This broker has taken possession of my commerical property.
Rejistered vikray patr se kya bina property owner k rejistry ho sakti h
sale deed/vikray patra sabse important hota hai.
Yes, if previous sale deed is missing, you can always give a public notice for the same.
Pl reply
Who has to submit proof that will is bogus etc
Person apart from beneficiary.
Hi mam..if u could explain in English it will be usefull for me..or else I need doubts to be cleared about the will my grandfather has given to us..ur contact mam
www.thestudiolegal.com you will find contact details there
Mohini you look beautiful
Please 🤲🤲🤲🤲🤲🤲🤲🤲🤲🤲🤲
हाय मोहिनी मेम
Sorry' you started in English and continue d in Hindi.
Will surely come up with videos in english !
@@StudioLegal thank u will be helpful for most of the people. If in English.
Pl share the no
google us
👏👏👏🙏🙏🙏👏👏👏💯💯💯🤲🤲🤲🤲
Madem who can challenge a will other than family members
Anyone can challenge a WILL who claims to be a beneficiary in the deceased's properties/estate
Madem can my Nebour challenge my property will
this is my whatsup no also
How can i contact you
www.thestudiolegal.com , you will find contact details there