• Legal advice on will

I have question regarding a will made my by grandfather where he owns 3 acer land and 6 houses. Suddendly my fathers elder brother says that there is a registered will for these property.It states 2.25 acers of land for his elder son and 0.75 acer for my father and all the 6 house to elder son. We doubt it as a fraud will since 1 house has been given to my father via gift deed in 1992 itself and we are in possession of the house. And 1200 sq.ft which is in another person name also included in that will. Is this will still a valid one ? My grand father wanted to give both the son a equal share my uncle is trying to cheat us can v go ahead and file a case
Asked 2 years ago in Property Law from Salem, Tamil Nadu
1) once gift deed is made duly stamped and registered your father would be absolute owner of said house . your grand father could not make a will in respect of said house when he was no longer owner of said house

 2) your grand father  cannot bequeath 1200 square feet   of land to your uncle which is owned by another person .

3) it does create suspicion about genuine ness of the will 

4) ask your uncle for copy of the will .

5) if uncle  refuses to do so you can obtain certified copy of will from sub regsitrar office . 

6) check whether will has been signed by your grand father and attested by 2 witnesses 

7)whether your grand father was of sound mind at time of execution of will . 

8) you can issue legal notice and file suit for partition . 

9) if your uncle relies upon will and applies for probate you can oppose grant of probate to your uncle . raise plea that will has been forged and fabricated
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1) it has to be proved that will was executed by your grand father and it is his last testament .

2) the clauses in the will relating to property standing in name of other person and house gifted to your father would not take effect as it was not owned by your grand father .

3) however in respect of other properties if will has been  signed by your grand father , attested by 2 witnesses it would be valid .as mentioned earlier your uncle has to prove will has been signed by your father if your father challenges the genuine ness of the will .

4) your father has to point out suspicious circumstances surrounding will . whether any reasons mentioned in will as to why 90%of properties has been bequeathed to your uncle? 

5) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Hi, will is always suspicious document you have to challenge the will or you have to file a suit for  partion for your share.
2. Your uncle will come up with the will and burden lies on him to prove the genuines of the will.
3. As far as house is concerned it was gifted by your grandfather so even though it was mentioned in the will but that will not affect your right.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. On the execution of the gift deed in 1992 by your grand father the ownership of the property stood transferred to your father subject. Your father became the absolute owner of the house, whereas your grand father ceased to have any right in the same. As a corollary thereto, your grand father could not have made a will in respect of the house of which he was no longer the owner. If the will has been made in respect of the house it is illegal and can be challenged in the court which can strike it down as illegal.

2. Your grand father could have made a will of only those properties which were owned by him. If 1200 sq.ft of land is owned by some one else your grand father had no right to make a will in respect thereof. 

3. The distribution of property in the will, which has been set up by your uncle, is highly unequal which leads to the suspicion of will being forged. 

4. You can challenge the will in the court on the ground that your grand father did not execute it with his free volition and file for partition to cull out your share in the properties i.e land and 5 houses.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Has the will been probated?

2. The house which was gifted to your father could not have been willed by your grand father. Similarly, the land not owned by your grand father could not have been willed by him.

3. The will in relation to other properties which were owned by your grand father would be valid if it bears the signature of 2 witnesses. Having said this, you can challenge the will in the court on the ground that your grand father was not of sound mind at the time of making the will. If the will is held as illegal by the court your father will get an equal share in all the properties of your grand father. 

4. Was the relationship between your father and grand father strained? The distribution of property in the will is very unequal. The elder brother has got a lion's share whereas your father has been given peanuts. This clouds the entire will in suspicion.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hi
1.challenge the WILL and ask for the partition of the property really belonged to grandfather. The WILL is void as your grand father did not have title to  some of the land to make WILL .

2.File a partition suit of all landed property and the houses and ask your share

3.Challenge the WILL on its genuinuinty as  it raises lot of suspecion in terms of.unequal division granted.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) Do you know of any other will by your grandfather? A person can during his life time after the will, cancel and make a new one to be hours last will and testament.

2) The fact that the gifted property and the property in another person's name are included raises just suspicion  and hence the genuineness of the will can be questioned.

3) Obtain a copy of the will as the wordings will throw more light on the circumstances and the reason possibly as to why your father was not given equal share in the will of grandfather had so desired during his life time.

4) Of your uncle moves the court to get the will probated, challenge the will. The onus of proof of the genuineness of the will shall be on your uncle.

5) If he is not probating the will and continue to be in possession of the willed premise, move a petition in the court for partition of the property.

6) You will need the help of a local lawyer in taking these legal steps.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
you should file civil suit for partition of property and give notice on the elder brother of your father for discovery of document under order 6 rule 11. then he is bound to produce registered will if he fails to do so then court shall presume that there is no such deed in existence and property shall be divided by the succession act. there is reasonable doubt in said will so must verify it in the court,
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
1. Till probate is taken on a Will, it has no value more than a scrap paper,

2. When a property has already been gifted through a registerd gift deed to your father, your grandfather can not write a will for that property,

3. Similarly, the property which belongs to some onbe else can not be willed by your grandfather,

4. The above are enough grounds for you to challenge the so called will alleging it to be with fake signature of your grandfather or signed with coercion,

5. Let your father file a partition suit claiming equal share on all the properties left behind by your decsaed grandfather.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
1. Is the said gift deed in favour of your father registered?

2. If yes, then neither the said gifted property nor the other person's property can find place in the will of your grandfather,

3. Due to the above the said will looks to be fake or obtained under coercion,

4. Ask your father to file a partition suit as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0

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