Property Will: If you do not get an equal share in the property, can you cancel the will? Know the legal provisions..
If you want your property should be given to selected people only, then a property will be necessary for this. After death without a will, the property will be divided according to the property succession laws.
In such a situation, it is necessary to register the will to avoid any dispute, but the question is whether a registered will can also be challenged in court. Let us know the answer below...
First, know how the property will be divided.
Before challenging the will in the court, know how the property is divided. In the ancestral property of any person, all his children and his wife have equal rights.
It means that if a person has 3 children in a family, and after the marriage of those children, further children have been born, then the partition of his ancestral property will be done first among those 3 children. After this, the property will be divided among the children of those three. That is the property that came in the share of their father. Disputes often arise in the division of property, so to avoid these disputes, a person prepares his will.
Will can be challenged in court.
The will can indeed be challenged in court. This can be done if there is a flaw in the will, even if the will is not registered. There are many grounds for this. However, to ensure that the will is not challenged in court, it has to be ensured that it is executed according to the provisions of the Indian Succession Act, of 1925.
What does the law of India say?
For example, suppose a woman has inherited property from her parents. The woman made a will in favor of one of the four sons, he is not in the property case. Now that woman is not alive. After the woman's death, the other 3 brothers came to know about the will of the property. If the will was already registered in the court without informing the 3 brothers, can the other 3 brothers challenge the will?
The answer is yes, the validity and reality of the will can always be challenged. You can challenge the will when the legal person (your brother) files a probate suit to transfer the instrument/will in his name, during that time you can put forward your argument and can also challenge the mother's will.
This is what you have to do to challenge the will.
You have the right to file a case in the appropriate court. If there are 4 brothers in your family, and one of them got fake signatures on the documents of his mother's will after her death, then you can challenge that will in court. But for this, you will have to take the help of an experienced lawyer because only he can help you in such a case.
Registering the will does not make it binding. It can be challenged in court at any time. It is also not necessary that the registered will is the last will of the deceased. Even if a new unregistered will is made, it will be considered valid.
The court can cancel the will.
If a person is deceived into making a will, it can be challenged in court. Such a will is not considered to be made with the free consent of the testator and can be canceled by the court.
If a will is made by using threats, such a will is illegal and the court can cancel it. According to the country's law, only people above 18 years of age can make a will.
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