Divorce filed by husband

Dear Querist, The will can definitely be challenged in the court and the further execution of the will can be stopped. As per Section 61 of the Indian Succession Act, 1925, states that " a will or any part of a will, which has been made by fraud or coercion or by such other means which takes away the free agency of the testator (your mother in this case), such a will becomes void. The term coercion has been defined in Section 15 of the Indian Contract Act, 1872, which states that coercion means committing or a threat to commit any act forbidden by the Indian Penal Code. It also means the unlawful detaining or a threat to detain any property with the intent to cause any person to enter into an agreement. The term fraud has also been defined in Section 17 of the Indian Contract Act, 1872, which means any act committed by a person with the intention to deceive another party or to induce him to enter into the contract. We will therefore have to establish that the second will was made under undue influence/coercion/fraud, etc. We would suggest to file a caveat so that the moment a probate petition is filed for the execution of the will, you receive a notice and are aware of the proceedings, as and when initiated by your brothers. Thereafter, the earlier will can be brought on record and the second one can be contested. Hope this helps. Regards, Smriti Churiwal

Dear Querist, The will can definitely be challenged in the court and the further execution of the will can be stopped. As per Section 61 of the Indian Succession Act, 1925, states that " a will or any part of a will, which has been made by fraud or coercion or by such other means which takes away the free agency of the testator (your mother in this case), such a will becomes void. The term coercion has been defined in Section 15 of the Indian Contract Act, 1872, which states that coercion means committing or a threat to commit any act forbidden by the Indian Penal Code. It also means the unlawful detaining or a threat to detain any property with the intent to cause any person to enter into an agreement. The term fraud has also been defined in Section 17 of the Indian Contract Act, 1872, which means any act committed by a person with the intention to deceive another party or to induce him to enter into the contract. We will therefore have to establish that the second will was made under undue influence/coercion/fraud, etc. We would suggest to file a caveat so that the moment a probate petition is filed for the execution of the will, you receive a notice and are aware of the proceedings, as and when initiated by your brothers. Thereafter, the earlier will can be brought on record and the second one can be contested. Hope this helps. Regards, Smriti Churiwal

Dear Querist, The will can definitely be challenged in the court and the further execution of the will can be stopped. As per Section 61 of the Indian Succession Act, 1925, states that " a will or any part of a will, which has been made by fraud or coercion or by such other means which takes away the free agency of the testator (your mother in this case), such a will becomes void. The term coercion has been defined in Section 15 of the Indian Contract Act, 1872, which states that coercion means committing or a threat to commit any act forbidden by the Indian Penal Code. It also means the unlawful detaining or a threat to detain any property with the intent to cause any person to enter into an agreement. The term fraud has also been defined in Section 17 of the Indian Contract Act, 1872, which means any act committed by a person with the intention to deceive another party or to induce him to enter into the contract. We will therefore have to establish that the second will was made under undue influence/coercion/fraud, etc. We would suggest to file a caveat so that the moment a probate petition is filed for the execution of the will, you receive a notice and are aware of the proceedings, as and when initiated by your brothers. Thereafter, the earlier will can be brought on record and the second one can be contested. Hope this helps. Regards, Smriti Churiwal