Hello Sir,
I read your Article stating Can yoy waive your right to challenge a will? I have a question related, my father has three son, I myself and two other. We have a dispute on immovable property. My father is of 85 age and not that well however understand things at level. He is living with elder brother and want to give said whole property to him and took a waiver letter to challenge will from me in exchange of INR 13 lacs by creating undue pressure of not giving anything and distribute another joint land property of my father and me to other sons. The market value of father's property is about 70 lacs. Can I challenge waiver right to challenge a will as it was taken by fraud and undue pressure? And when I should challenge before father's death or after death.
A.Hi,
You can challenge it but you will have to prove your assertions. Institute the suit in the lifetime of your father, so that it is easier for to explain the bonafideness of the suit.
A.Hi,
You will have to prove your assertions in the court. Institute the suit in the lifetime of your father, so that it is easier for to explain the bonafideness of the suit.
A.Dear sir,
Please discuss the issue with local advocate.
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Tanmoy Chattopadhyay
Responded 3 years ago
A.There is no legal impediment in challenging any action done by you on the ground that it was not done under your free consent. However the presumptions will be against you and the burden will be upon you to prove your assertions. Having said that it is advisable that you file the case during the lifetime of your father in which case it would be lot easier for you to explain the bonafideness but be prepared to have an explanation for the INR 13 lakh that you received as consideration for agreeing to waive your right.
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