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GROUNDS TO CHALLENGE A REGISTERED WILL

A Will is a document which is the considered to be the last wish of the testator and a Will once made would describe as to the devolution of the assets held by the Testator after his demise. A Will under Hindu law can only be made for any self acquired property and not for any ancestral properties inherited by the Testator. Though the testator can include only his share in the Will from the share of the ancestral property in case of anticipated partition. Though a Will, as per law, is not required to be registered compulsorily however once a Will is registered by following the process of law, that accords a presumption in its favour of its legality and validity.

It is a common misconception that a Registered Will cannot be challenged however there are various grounds available for any challenging the same, majorly on the ground of suspicious circumstances. What all could be the suspicious circumstances surrounding a Will is actually dependent majorly on the facts and circumstances of the case however the principles which govern such proving of suspicious circumstances are nonetheless common. If it is proved that there was any kind of undue influence, coercion or force employed on the testator from the facts and circumstances of the case, such a Will which is made without any adequate consideration would be considered invalid even if registered in the eyes of law.

Fraud, Coercion, Lack of proper execution, etc. are others grounds which depending on each circumstance of the case clubbed together with the last desire and wish of the testator and his relation with his own family would become the deciding factor regarding the genuineness and sustainability of such a Will. Unless the person making the Will is having the testamentary capacity to make a Will i.e. he is of a sound mind and completely understands the propositions so narrated in the Will, the Will even if it is duly registered will not be considered as the last wish of the testator.

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