• How to check my grandfathers will

Hello Sir. Case 1-My grandfather expired a couple of years ago. He has 3 sons (including my father) and 2 daughthers. All are married. Eldest son is the Whole & soul of remaining family (3 brothers family). My father is 2nd no. Son. My main question is that except the eldest son, no one knows about my grandfathers will. Whether it is made, whats written therein, has my uncle done in malicious changes in that etc. How can i get to know the detail of the will. And how can i check its genuinity/ originality?  Case2- We have big joint family. We have a home is in name of my grandfather and his 2 brothers. One share of it will come to my father logically. But i am not sure about it because my father's elder brother does show the will. I have doubt of loosing my fathers share. Out of the three registered owners 2 have expired and one is on death bed.
Asked 1 year ago in Family Law from Nagpur, Maharashtra
Religion: Hindu

1) your father should call upon uncle to furnish copy of will executed by your deceased grandfather

2) check signature on will is that of grandfather

3) whether will is attested by 2 witnesses

4) your father can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
68050 Answers
4107 Consultations

5.0 on 5.0

Until and unless you are not aware of the contents of Will, you cannot presume the share of your father. In case the Will is registered in the office of Sub Registrar, the beneficiary of Will or the legal heirs of the grandfather can get a certified copy of the Will from the office of SR. The beneficiary or Legal Heirs can also inspect/search the record of the office of Sub Registrar for the previous years with the help of local lawyer.

Alternatively, someone has to break the ice and claim his share from the elder brother of the Father Or ask him to show the Will so that the share of the properties can be settled mutually/or as per Will.

Dalip Singh
Advocate, New Delhi
509 Answers
10 Consultations

4.9 on 5.0

1) If WILL is registered with registrar you will come to know what is written and no one can change it. Just check whether on which date WILL got excuted and registered in registrar office.

Ganesh Kadam
Advocate, Pune
7969 Answers
68 Consultations

4.9 on 5.0

--A Will is the expression of the testator's wishes concerning how his/her property is to be distributed.

--It is the only way one can ensure his/her assets will be distributed according to his/her wishes after his/her death. --It should be in written, however it may be either handwritten, or printed, or typed.

--The testator must sign at the end of the Will.

--It must be witnessed by at least two persons present at the time of signing by the testator. The said two persons ,who witnessed, must acknowledge they were present and must sign the Will as witnesses in presence of the testator.

--Making of a Will is the only remedy to be sure that asset of testator go to the persons he/she loves.

-- Registration of a WILL is not necessary in out country.

Hence, if there is a WILL executed by your grand father , it is very difficult to know the availability of the same, Until one of the LRS started file any suit in the court ,because till date no body of your family discuss upon this matter.

Your father is also not interested to ask for the same from his brothers.

So, for the sake of future dispute among the family members , your father should ask his beloved for the WILL or other documents , if any hold by them.

Firstly,he should send a legal notice to his brothers to Partition the whole property and in this way the reality will came into light.

After getting the notice , they can make a Family settlement deed and can registered from the Registrar and that deed has legal value .

Otherwise, if there is silent and no response then in that eventuality ,your father should file a Partition suit for the whole property and thereby ask his share.

During the suit period , there may be settlement among the brothers as per their wish in the court as well.

If, two already died , then their legal heirs will have right for the share of his father.

Mohammed Shahzad
Advocate, Delhi
766 Answers
18 Consultations

5.0 on 5.0

Hello!

The fact that your grandfather expired "a couple of years ago" and that your eldest uncle is still silent about the wil lin the sense that he is not giving you any details of the same, raises a presumption that there may not exist any such will of your grandfather in favour of your eldest uncle as you apprehend.

You see! otherwise it would have been a very normal human conduct for any person in whose favour his father has executed will to have shown it to others at the earliest to claim ownership of the property. He has still not done it means there is very less chance that there exists any such will and that it is in his favour.

So one option of knowing whether your grandfather had really made any will or not and whether your eldest uncle is possessing it or not, is to directly ask him. His response (which may be a positive response or again a total silence) will give you some clue, may be good clue about any such will.

Another way of knowing about the will would be to take a search with the registrar offices in Nagpur area. But this is quite tedious and time consuming method. This would work only in case your grandfather has chosen to register the will. If the will is unregistered (yes unregistered Will, executed by following the legal procedure is also valid), it may not be possible to yield any results.

So to my mind somewhat effective way of knowing about the will of your grandfather would be to demand to your eldest uncle partition of the property by sending him a legal noticethrough some local lawyer. In response to the notice it is greatly expected of him to clarify with certainty whether or not there exists any will made by your grandfather in favour of your uncle.

Hope this clarifies. All the best.

Nahush Khubalkar
Advocate, Nagpur
67 Answers
20 Consultations

5.0 on 5.0

1. If there is a will made by him and it is registered then you can find it by conducting a research in the office of sub-registrar where the wills are registered.

2. The whole idea of writing a will is to change and upset the course of natural succession, so if there is a will made by your grandfather then his property will devolve in terms of the will.

Ashish Davessar
Advocate, Jaipur
26507 Answers
791 Consultations

5.0 on 5.0

Will is something which can be only opened after death

And those words of will are terned as final words of the person deid

In case the will is registered with registrar then u can have the certified copy from there

.

However if the will is not registered then it will be at your home and if u say that elder uncle hol ds the same with him he might have some bad intentions for that you can still not force someone to the will

As those papers can be torn down also

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

Your father has to file a partition suit claiming partition of all properties that belonged to his father and separate possession of the same.

Let your paternal uncle claim the property as per the so called will, he has to produce the same before court

The court will direct him to get probate of will

You can challenge this will in the probate of will case.

After the probate of will case is disposed the partition suit may be conducted

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

Dear Client,

IF the house is joint ownership than it will part in 1/3 share in each and their share in their son/daughter.

Ur father can claim his share in the property through court, ( Partition ), than the eldest son by himself will submit the WILL In the court to assert his share on priority.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

Hi

I would suggest you to file a partition deed in the civil Court.

Then the authorities will be summoned to present the whole record of the property of your grandfather.

This one way..

Also if there is any will then check in the Tehsildar office with the registration officer.

If there is some will then the record will be present in the registrar office. If the will is not registered then it's not valid.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

The whole dispute seems about the Will and your father's share in GF's property.

As per S.213 of the Act, your uncle has to prove to the court that he is the legatee or executor of the GF's property. it can be done only after obtaining the copy of the Will duly certified and authenticated by the court.

In order to demand your father's share, with the available documents, file a suit for partition and separate possession. Your uncle will be party, then he has to prove the contents of the Will. It shall be very difficult to prove the execution of the Will in accordance with the law.

Rajaganapathy Ganesan
Advocate, Chennai
1561 Answers
8 Consultations

4.9 on 5.0

You can't know about the will till it is registered. As registered will can be obtained from the registrar office. If the same is not registered you can't trace in whose possession the same is? You can demand the same from your uncle. If he refuses you can approach the court of law for suit for partition.

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

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