Validity of the "Will" may be challenged due to Lack of execution
 A Valid WILL must be in writing and duly signed by the testator in presence of two qualified witnesses, the two qualified witnesses should also sign the WILL in presence of the Testator.
Â
 A qualified Witness is someone whohas attained majority, a citizen of India, a person of sound mind and who is not insolvent.
Â
 Validity of the "Will" may be challenged due lack of testamentary intention
 When the testator never had the intention to Make a WILL, It is usually clear on the face of the Will that it is designed to take effect as a Will.
Â
 Validity of the "Will" may be challenged due lack of testamentary capacity
 It is imperative For a WILL to be executed by the testator to be in Sound state both in physical and mental state of mind.
Â
 the testator should make the WILL in a stable state of mind i.e not under medication, or drugs or alcohol etc.
Â
 Validity of the "Will" may be challenged due lack of knowledge and approval
 The court presumes that a Will is made by a Testator in Sound mind and circumstances, Unless the court has reasons to believe that the WILL was created by duress, force or in influence of the beneficiary.
Browse
Accident/Motor vehicle Laws ( 23 )
Arbitration Law ( 19 )
Australian Law ( 1 )
Banking/Finance/Business law ( 54 )
Civil Laws ( 248 )
Computer laws ( 22 )
Constitutional Law ( 131 )
Consumer Law ( 14 )
Criminal Law ( 881 )
Employment laws ( 37 )
Entertainment Law ( 3 )
Environmental laws ( 25 )
Family Law ( 247 )
General Practice ( 65 )
Health Care Law ( 26 )
Immigration Law ( 23 )
Insurance laws ( 8 )
Intellectual Property ( 25 )
International Law ( 9 )
Judgment Reviews ( 22 )
Juvenile Laws ( 47 )
Media laws ( 21 )
medico Legal ( 55 )
Military Law ( 21 )
Political ( 38 )
Privacy Law ( 14 )
Property & Inheritance Laws ( 44 )
Reference & Education ( 95 )
Supreme Court ( 75 )
Tax laws ( 5 )
UK Laws ( 2 )
Woman laws ( 105 )
When Validity of the WILL is challenged in Court
Posted in:
Property & Inheritance Laws
Sat, May 12, 18, 12:18, 7 Years ago
comments: 0 - hits: 5511
Validity of the Will may be challenged due to Lack of execution
|
Comments
There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
Browse
Accident/Motor vehicle Laws ( 23 )
Arbitration Law ( 19 )
Australian Law ( 1 )
Banking/Finance/Business law ( 54 )
Civil Laws ( 248 )
Computer laws ( 22 )
Constitutional Law ( 131 )
Consumer Law ( 14 )
Criminal Law ( 881 )
Employment laws ( 37 )
Entertainment Law ( 3 )
Environmental laws ( 25 )
Family Law ( 247 )
General Practice ( 65 )
Health Care Law ( 26 )
Immigration Law ( 23 )
Insurance laws ( 8 )
Intellectual Property ( 25 )
International Law ( 9 )
Judgment Reviews ( 22 )
Juvenile Laws ( 47 )
Media laws ( 21 )
medico Legal ( 55 )
Military Law ( 21 )
Political ( 38 )
Privacy Law ( 14 )
Property & Inheritance Laws ( 44 )
Reference & Education ( 95 )
Supreme Court ( 75 )
Tax laws ( 5 )
UK Laws ( 2 )
Woman laws ( 105 )
Following
User not following anyone yet.
You might also like
The law relating to improvements to mortgaged property as embodied under Section 63-A was introduced by the Amending Act of 1929. Before this amendment, the Act, i.e., the Transfer of Property Act, 1882 was silent as to improvements by a mortgagee.
If a childless widow dies intestate, everything that belongs to her goes to her in laws, and that includes all the wealth she acquired in her lifetime through her own efforts.
How To Assert A Daughter's Right, Filing A Suit For Partition
Many think that hiring legal counsel would just be an increase in the expenses involved in investing in real estate. If you are of the same opinion, it is time to think again.
A Will or Last Will and Testament is a legal document in the form of a declaration which a person known as a testator will name one or two people or a professional to manage their estate and distribute their estate to named beneficiaries, after their death.
A female Hindu dying intestate without making a Will – the property of the said Hindu goes according to the provisions made in Hindu Succession Act, 1956
A men Hindu passing away intestate without creating a Will
Section 7 of the Transfer of Property Act, 1882 provides that every person competent to contract i.e. a major and of sound mind or is not disqualified by law for contracting.
Perpetuity is an interest, which will not vest till a remote period. One cannot postpone the vesting of the property in the transferee beyond a certain limit. the period for which vesting may be lawfully postponed is called perpetuity period
The non-residents of India can buy property in India. They should be aware of the property registration method in the local region, like Mumbai, Delhi etc.. The sales deed should be verified with the sub-registrar and registrar in the Municipal Corporation. Get along the proofs of identity, residence, PIO/OCI status and other mentioned ones.
While clearly and convincingly holding that possessory title over property cannot be claimed merely on the basis of 'casual possession', the Supreme Court in Poona Ram v. Moti Ram
There is no provision in the Constitution that such an elected representative can claim or ask for a price after he demits office. A claim of this nature reflects as if it is something parasitical.
The Associated Journals Ltd & Anr v. Land & Development Office has clearly and convincingly upheld the eviction order passed against National Herald publisher Associated Journals Limited to vacate ITO premises where Herald House is located.
Property Rights for Married women
Rajesh Yadav Vs State of UP held that the right to shelter is a fundamental right and the State has a Constitutional duty to provide house sites to the poor. Justice Surya Prakash Kesarwani who authored this path breaking judgment observed so while dismissing a PIL seeking eviction of four individuals who allegedly encroached a public land.
Article explains Succession, Testamentary Powers, Intestate Succession/Inheritance, Meaning/Definition of a ‘Will’ and Importance of making a Will.
The outdoor space of our home or the space at the backyard can serve as the area of cooking. However, you should have the basic equipment for grilling food and do up the space elaborately.
Property agents indeed charge high commissions, though the person selling a home pays the amount. However, the seller might pass this cost indirectly to you.
Vineeta Sharma vs Rakesh Sharma held in no uncertain terms that a daughter will have a share after the Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of amendment.
It goes without saying that most of us had seen how Roshni scam which is Rs 25,000 crore scam was highlighted extensively some time back in Zee News channel. They termed it as Mission Zameen Jihad.
It is a truly cozier experience to spend a winter evening beside the crackling fire glowing at your backyard fireplace,
Do you have a porch, hot but, or gazebo which you want to cover up with something which can save on your heating bills?
Daulat Singh (D) Thr. Lrs. vs. Rajasthan acceptance of a gift can be inferred by the implied conduct of the donee. Such inference can be ascertained from the surrounding circumstances such as taking into possession the property by the done or by being in the possession of the gift deed itself.
Anup Majee Vs UOI the authority of the CBI to investigate into the allegations in a particular case within Railway areas remain unfettered by the withdrawal of consent of the State Government.
The new Model Tenancy Act offers great benefits to NRIs & landlords to get a sustainable rental income under a disciplined and law-protected environment.
Ahuja Trading Company vs Ramesh Chander Aggarwal that dishonest litigants cannot be allowed to abuse the process of court. This judgment came while hearing a tenancy matter.
The growth in real estate sector has been highlighted through the enactment and guidelines of RERA
KS Narayana Elayathu vs Sandhya Additional District Court, Ernakulam has while making the legal position crystal clear held explicitly that while District Courts are empowered to appoint a guardian for a minor's property, only Family Court can appoint a guardian for the person of a minor.
Smt Durgabala Mandal Vs West Bengal that the daughter-in-law is bound by the undertaking given while obtaining a compassionate appointment to maintain and extend medical assistance to the mother-in-law.
Arunachala Gounder (Dead) Vs Ponnusamy a daughter is capable of inheriting the self-acquired property or share received in the partition of a coparcenary property of her Hindu father dying intestate.
Smt.Sonia Bai vs Bashrath Sahu that under the Hindu Succession Act (amended in 2005), daughters are entitled to get an equal share in their parent’s inherited property.
Ajay Kumar Rathee vs Seema Rathee that the daughter who was aged 20 years of age was not intending to maintain ties with her father. The Court also noted that if that be the case, she can’t claim any amount from him for marriage and education.
Sovakar Guru v. Odisha that entitlement of an employee or an ex-employee to his salary or pension, as the case may be, is an intrinsic part of his right to life under Article 21 and right to property under Article 300A of the Constitution.
Phool Singh vs Amit Kumar that an unregistered agreement to sell, being in contravention of the provisions of the Registration Act, 1908, cannot be accepted by the Court for granting possession in favour of the claimant party.
Arun Kumar Singh v. Smt Jaya Singh that a mere nomination would not confer any beneficial interest on the nominee under an insurance policy and that a nominee is only an authorized hand to receive the insurance amount, which is subject to disbursement amongst the legal heirs under the law of succession governing the parties.
West Bengal v/s Dilip Ghosh that the State professing to be a welfare state cannot claim to have perfected its titled over a piece of land by invoking the doctrine of adverse possession to grab the property of its own citizens.
Anita Aggarwal v/s H.P. that Section 102 CrPC (Power of police officer to seize certain property) empowers the police officer to seize certain property on existence of a condition that the said property should have been alleged or suspected to have been stolen or which may be found under circumstances
Mohammad Sultan Nagoo vs Custodian Evacuee Property that the government has a responsibility to safeguard, maintain and effectively utilize evacuee properties.
L & T Finance Limited v Maharashtra that pendency of secured creditors applications for possession of secured assets is bad for financial health of the country.
Government of Kerala vs Joseph that merely a long period of possession, does not translate into the right of adverse possession.
Kannaian Naidu v Kamsala Ammal that a wife, who contributed to the acquisition of family assets by performing the household chores would be entitled to an equal share in the properties as she had indirectly contributed to its purchase.
Brij Narayan Shukla vs Sudesh Kumar Alias Suresh Kumar Allahabad High Court that had allowed a suit for claiming rights by adverse possession and held that ownership and possession of land cannot be claimed through permissive possession arising from tenancy.
Revanasiddappa vs Mallikarjun the exercise of its civil appellate jurisdiction has granted legitimacy and property rights to the children of void or voidable marriages in Hindu joint families.