
Property will rights: A will of property is often made to eliminate possible future disputes regarding property. This way, the property (property knowledge) goes to the concerned person as per the will of the testator. In such a situation, many times the other property claimant feels that he did not get his share. In such a situation, the question that comes to his mind is whether he can get the will canceled (will Cancellation rules). What are the legal provisions regarding this, as known in this news?
This is the provision in the law -
A provision has been made in the law to challenge the validity of the will. Legally, if a family member files a case to transfer the will in his name, then you have the right to put forward your point and can also challenge the will (property will rights). Although the property is also divided according to the will, after the death of the mother or father without making a will, the property is divided according to the succession laws.
How can a will be challenged-
To challenge a will, you can file a case (property cases) in court. If any one of the three or four brothers gets a fake signature on the will documents after the death of the mother or father, then that will can be challenged in court. However, for this, definitely take the help of a legal expert.
Difference between registered and unregistered will-
A registered will can also be challenged in court. According to the law, a registered doesn't need to be called the last will of the deceased. Many rules apply to a valid will. The testator must be mentally healthy; witnesses and other proofs are necessary. If the testator wants, he can change it again. However, an unregistered will can also be valid. It is not easy to challenge a registered will, whereas an unregistered will can easily be challenged in court.
Evidence will have to be presented in court-
If you feel that the will (property will rules) has been made by threatening or by fraud, then you can challenge it, but for this, you will have to present evidence. Of course, if the will is registered, you can challenge it. If you want to challenge the will in court, then the provisions of the Indian Succession Act, 1925, will have to be followed. According to these, if your claim is correct, then you can challenge the will.
The court can cancel the will-
No one can be deceived into making a will. If this happens, that will be challenged in court. Such a will is not considered to be made with the free consent of the testator. For this reason, the court can decide to cancel it. A will made by threatening and intimidating is declared illegal. It is necessary to be an adult to make a will (rules for making a will).
Disclaimer: This content has been sourced and edited from Hr Breaking. While we have made modifications for clarity and presentation, the original content belongs to its respective authors and website. We do not claim ownership of the content.
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