1. See if the will is registered then the case is much in your favour the court can call upon the record from.the sub registrar office wherein grandfather signed and witness signed. Further onus is on then in case to prove will is false and sign is forged.

2. If there is no stay order from court you can carry out the said work.

 ifboth the attesting witnesses are deadyou can prove the will by other evidence . you can examine a witnesswho can identify the testator signature on the will .

2) said witness must be familiar with signature of testator and must have seen him signing various documents or have received documents signed by him .

3)  you also have to produce death certificate of AW as evidence that both witnesses are dead

4) if no stay order is passed by court you can carry on construction on the property 

The general rule is that the onus of proof lies upon the one challenging a will. 

So here the onus of proof lies up lies upon your aunt. 

I need to know on what grounds is she challenging the will, for further assistance to you. 

[deleted]. Come to my office.

Your number is not shown to me here. Kindly leave it in feedback

hello

        In India, the law of limitation provided in the Limitation Act, 1963, prescribes a definite time period within which a suit can be instituted by a claimant in respect of various matters prescribed therein.

In the present case, since GF has died in 1974 after executing the Will, any suit in respect of the legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate has to be brought within a period of 12 years from the day the legacy or share becomes payable or deliverable, which in this case is the date on which GF died. Hence, the period within which C or any other person could have instituted a claim in respect of the Will of A has elapsed in 1986.

You could consider filing a suit before a court of competent jurisdiction for declaration of title under section 34 of the Specific Relief Act, 1963. Under the said section the court has the power and discretion to make a declaration that a particular person is entitled to a particular property.

regards

1. Are you in possession of the concerned property? Has your father mutated his name in the records in connection with the said property? Is it not mandatory at your place to obtain probate of the will from the Court?

2. If yes, then you shall have to contest the said case filed by your Aunts fittingly wherein you can produce the typist of the will, if he is alive.

3. You can carry out construction/reconstruction  on the said willed property untill you are restrained to do that by any Court.

Dear Sir,

A document of thirty years old is presumed to be genuine. According to Section 90 when a document is or purports to be thirty years old produced in a court from a proper custody which the court considers to be proper, the court may presume that—(i) the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting and (ii) that it was duly executed and attested by the person by whom it purports to be executed and attested. The presumption enshrined in this section is the discretion of the court. It may presume that a thirty years old document is genuine. Presumption can be raised at any stage including appellate stage.

Dear Sir,

Under Section 90 of Evidence Act it is presumed to have been executed as it is more than 30 years old document.  Further you can go ahead with constructions etc., if there is no stay by the court.  

If witnesses are not alive, you can enclose their death certificates and contest the case on merits.

If there is no stay order then you can continue the said repair/construction work .

1. Yes, you can bring any close relative or friend of the attesting witness who can testify in court that he was acquainted with his handwriting or signature is competent withes to prove attestation of Will.

2. If there is no order of injunction then you can proceed to make constructions on the suit property.

If the same is registered and no witness is there the court will upheld the will.

No you should not as its subjudice.

Regards

If you don't have any injunction on the said property you can do that. If need to prove the same with documents or witnesses or if it's Registered them through that record.

Dear Querist

The registrar is sufficient witness to prove the Will because as per Evidence Act, one witness is sufficient to prove the Will.

you may do all acts as per your choice as the property is belongs to you.

even as per section 90, the documents more than 30 years will be accepted in Evidence.

1. any one witness who had attested the Will, is required to come to court and give evidence that he had attested the document and seen the testator sign the Will

2. now if both witnesses are not living, then you can request their family members to give evidence in court admitting the signature of the deceased witness

3. so if the son of one of the witnesses is not willing to co-operate then you can approach the legal heirs of second witness to identify the signature of deceased witness

4. also you can apply to the court to issue a summons to the legal heir of the deceased witness to appear in court and identify the signature of the deceased witness 

5. plz see s.69 of Evidence Act 

Dear Client,

Anyway, son of witness has no relevance, It is registered WILL, inference of duly execution. same held by Supreme Court.

No need to file probate. It will prove in the suit already going under trial. If no stay from court, do whatever  - develop / construct / repair.

If it is a registered Will then it can be proved even if the witnesses are not alive

In the meantime you can carry out minor repair works for survival.