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If you want your property to be given to only selected people, then it is necessary to have a will. After death without a will, the property will be divided according to the property succession law.
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 to this below…
First know how the property will be divided:
Before challenging the will in court, know how the property is divided. All the children and wife of any person have equal rights in his ancestral property.
This means that if a person has 3 children in his family, and after the marriage of those children more children are born, then his ancestral property will be divided first among those 3 children. After this, the property will be divided among the children of those three. That is, the property which 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.
A will can be challenged in court.
A will can be challenged in court. This can be done if there is an error in the will, even if the will is not registered. There are several grounds for this. However, to ensure that the will is not challenged in court, one must ensure that it is executed in accordance with the provisions of the Indian Succession Act, 1925.
What does Indian law say?
For example, let's say a woman inherited property from her parents. The woman made a will in favour of one of the four sons, he is not inheritor of the property. Now that woman is no longer alive. After the death of the woman, 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 three brothers, can the other 3 brothers challenge the will?
The answer is yes, the validity and authenticity of a will can always be challenged. You can challenge the will when the legal person (your brother) files a probate suit to transfer the will in his name, during that time you can put forth your arguments and challenge the mother's will as well.
This is what you need to do to challenge a 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 has forged the signatures on the will documents of their mother after her death, then you can challenge that will in the 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 a 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. If a new unregistered will is made, it will still be considered valid.
The court can cancel the will.
If a person is fraudulently asked to make a will, it can be challenged in court. Such a will is not considered to have been made with the free consent of the testator and can be cancelled by the court.
If a will is made under threat, such a will is illegal and the court can cancel it. According to the law of the country, only people above 18 years of age can make a will.