Hi My grandparents had their property in joint names. There is no will of my grandfather but my grandmother did a registered will in the name of me and my brother (our mother has passed away). Now their only son has sent a summon in the name of me (I dnt live in India) and my brother that he has a will in his name and now its his prioerty as my grandmother has passed away. All I can think is they could have forged her thumb impressions when she was sick during her last days at their home. The summon which came in my name was sent back as the neighbours said I dnt live in India. What should be done in this case? As I have a registered will and my uncle is lying or he has forged my grandmothers signature he has done a fraud..
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Grand father had 50 per cent share in property
2) on his demise your grandmother , your mother and uncle would be his legal heirs
3) your grandmother can only bequeath her share in property toyou and your brother by will
4) you should apply for probate of your grandmother will where she resided at time of her demise or where property is situated
5) contact a local lawyer and contest the suit filed by your uncle
6) your uncle will have to serve you summons at your address in Australia
1. It appears they have filed a case for probate of the Will.
2. If you think that this Will is not genuine then you can challemge this Will.
3.In that event the court shall decide which one is genuine and accordingly the proeprty will go in his favour.
4.The law says that subsequent Will operated upon the earlier Will if the second one is validly executed which you have to disprove.
Thankyou for your reply. Yes that is correct she has made the will of her 50% share and also the share which she got as per law when my grandfather passed away in my and my brothers name and that is registered in the court. What does it means when you said I should apply for a probabte of my grandmother? Also as I said she was sick during her last days so my uncle would have got her thumb prints as she couldn't even talk and had brain hammeorage. So basically a forged will which is not even registered. Is this fraud? Also he still has I think 17% share by law from the part of my grandfather's as for the rest my grandmother has done a will in the name of me and my brother. So is there anyway that we don't even have to give him that or if the will fraud is proved? Can he challenge my grandmother's registered will in court? If yes than on what grounds?
1) there are 2 conflicting wills
2) probate is judicial proof that Will is genuine
3) it has to be proved that Will was executed by testator and attested by 2 witnesses
4) as far as will relied upon by uncle is concerned you have to dispute the willon grounds that grandmother was bedridden and not mentally fit at time of execution of Will
5) your uncle still has 17 per cent share in property
1. Your grandmother has bequeathed her share of the property to you through the said will.
2. Have you taken grant of probate from the Court by applying for probate?
3. Grant of probate is the legal seal put by the Court on thr will and without the said probate the will has no value more than a scrap paper.
4. If you file an application seeking probate of the will, all other legal heirs will be summoned for appearing during the hearing and file their written objection if they do not agree with the will and want to contest it.
5. After hearing all the claimants/parties, he Court will either allow the probate petition and grant the probate of will reject the said petition.
6. It appear that you have received Summons for te probate application filed by your Uncle which you should contest fittingly.
7.Also file the probate application immediately before the Court.
1. You shall have to apply for grant of probate of the will of your grandmother for reason which has been explained in my earlier post.
2. The wills in possession of you and your Uncle are of no use without taking probate for the ame and it appears that your uncle has already applied for the rant of probate for which you have got the Summons. So, contest the application for probate of the will filed by your Uncle where you can submit your stated argument that the thumb impression in the said Will has been illegally obtained since she was not in a position understand what she was doing and she was a literate. After that you file an application for getting the grant of probate of the will which you have in your possession.
3. If that will submitted by your uncle is proved to be forged, the remaining share of property of your randmother will be equally shared by all her legal heirs.
4. He can certainly contest your application for seeking grant of probate from the Court on any ground he wishes to including the ground that you have obtained her signature coercively.
All I can think is they could have forged her thumb impressions when she was sick during her last days at their home. The summon which came in my name was sent back as the neighbours said I dnt live in India. What should be done in this case? As I have a registered will and my uncle is lying or he has forged my grandmothers signature he has done a fraud..
If you possess a registered will, what prevented you from acting upon the same immediately after the testator's death?
At this stage you can challenge his suit for declaration of title and the will he has chosen to drive you away from the property.
Simultaneously you can apply for change of name or transfer of revenue records both in your name as well as to that of your brother who is a joint owner/beneficiary with you to the property in dispute.
What does it means when you said I should apply for a probabte of my grandmother?
Seeking probate of your grandmother's will is not necessary if the will was a registered instrument.
However please remember that your grandmother can bequeath the property only to the extent of her share available in the property.
Your grandfather's share in the property shall devolve on all his surviving legal heirs
1. Your grandmother could have made a bequest of only her 50% share, and not beyond it. Since you have a registered will in your favour you should file a suit for declaration of title to the share of your grandmother and also seek permanent injunction against your uncle. Simultaneously a declaration should be sought from the court to declare the will set up by your uncle as illegal and void.
2. Show the case papers to a lawyer and proceed swiftly lest your uncle obtains an ex parte order/decree against you.
A will can surely be challenged in the court on the ground of incompetence of the testator, but the onus to prove incompetence is on the plaintiff.