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Unregistered will -father sister expired Unregistered will -father sister expired

2 years ago

Hello sir. My father sister expired recently. She is unmarried. She had 2 sister and one brother. Before her death she has not done any will. She told multiple times for us. After her death one of elder sister son without her knowledge taken her signature on will draft and taken signature and thumb impressions both when she was unwell. . Is this a valid will. Can we challenge this unregistered will since it was taken without her concent. She was in educated. Witness is his wife mother. In this case is it valid. Please advise how to proceed to claim succession right for rest of LRs.

Anik

Responded 2 years ago

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A.Dear Client

As per the facts which have been provided, if you think that the signatures and thumb impression for the will were taken without any knowledge or consent then you can file a suit in the court stating this matter.

Hope this clarifies your query and requirement.

Thank you.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
If you are sure that the will was taken by force or fraud then when the will is taken for probate then you can challenge the will in the court and keep your reasons in front of the court and get justice.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To give opinion, it is necessary to scrutinize that Will as well as its witness part.It is also necessary to know whether at the time of execution of that unregistered Will whether your father's deceased sister was under the medical supervision of any doctor or not and who were looking after her at that time and when she was died. All these are relevant for giving legal opinion in this regard.
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