Understanding the Meaning of a Will:
A Will, also referred to as a testament, is a legal document stating the wishes of the testator regarding the way he/she wants his/her assets to be divided at the time of or after their demise A will is the intention of an individual as to whom Will he/she be succeeded by.
Can a Registered Will be challenged?
Yes, a Will even though registered can be challenged in the Indian court. A registered Will, may or may not be the last testament. A newly-made Will not necessarily registered, if valid, is going to outplay the registered one. In case there are some kinds of apprehensive facts, the court will examine the Will despite the fact of it being registered.
What is the Basis of Contesting a Will – Unregistered or Registered?
A Will can be challenged based on the below-mentioned grounds:
• Suspicious facts
• Fraud
• Compulsion
• Unjustified influence
• Lack of execution
• Lack of testamentary intentions
• Lack of testamentary capacity
• Insufficient knowledge and no approval
• Falsification
• Revocation of a Will
How Can an NRI Challenge a Will in the Court?
An NRI can challenge the Will in the court by:
1. Filing a legal suit: A case needs to be registered with an appropriate seat under the civil court. Every state in India has its own nomenclature of courts wherein the cases concerning the document registration are filed in accordance with the Registration Act’s section 18. All courts in India have their own form number for cases related to registration of instruments.
2. Issuing a Vakalatnama: With the help of Vakalatnama, an NRI gives all his authority to an attorney so they can represent him in court on their behalf. There is no tax imposed on Vakalatnama, however these days the high courts have begun issuing stamp papers of several denominations.
3. Paying the required court fee: Every state has its own court fee and that must be paid by the NRI who wants to contest a Will in Indian court.
4. Initiating the case and writing statement: Once your case has been accepted, the Indian court is going to release summon, which issues notice to the opposite party asking them to show up before the court. Prior to that date, it is a mandate for the defendant to file his written statement. It basically means that the defendant needs to defend himself on the complaint against him in a time period of a month from the date the notice was served, or within the timeframe provided by the court. The task of providing proof(s) is on the NRI who has made the allegation, wherein he needs to prove that the Will is mala fide and fails to truly signify the testator’s intent.
5. Filing the documents to support the case: There are a number of documents that one needs to file before the court, such as legal heir certificate etc. And also, the list of all the people acting as a witness must be given to the court.
Useful Tips for NRIs to Challenge a Will in Indian Court:
• You will need a strong ground for contesting the Will. By strong ground, it actually implies that there need to be aspects of fraudulence, coercion, unwarranted influence, skepticism found in the Will.
• Take right measures at the earliest opportunity. As soon as the Will gets implemented in accordance with the clauses mentioned in it, it could be a challenging undertaking for the Indian court to execute or bring about the redistribution of assets. For that reason, if you believe that the Will ought to be contested, take action without delay. Try not to put off for a very extensive period.
• Seek the advice of a reliable legal consultant like NRI Legal World – a globally renowned legal firm helping resolve NRI cases concerning properties, Power of Attorney, Wills, Litigation, and Financial aspects. Be careful not to rely on any hearsay. Seeking a good legal advice is very important in cases like these. Always choose an NRI lawyer after proper research since one incorrect advice can certainly shake the entire ground!
• A person that has possession of the property has an upper hand, generally.
If you are looking for someone to help you make a Will or if you want to challenge a Will in the Indian court, get in touch with us at NRI Legal World. We are a boutique firm offering all kinds of NRI legal services and administrative solutions. Our goal is – Vivaad Mukt NRIs.
Call us at +91 85-85-85-71-71 or email at info@nrilegalworld.com for a free consultation on your case.
Also Read: Should an NRI Write Separate Wills for Assets in Multiple Countries?
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