My grandfather has 4 sons, among that he has favoured only one son always. In 2015 he has written a will where 9 acre land has been distributed as First son - 1acre Second son - 4 acre Third son - 2 acre Fourth son - 2 acre Please note this is a property gifted by paternal uncle. Since he didn't had any offsprings he gifted the property to my grandfather and passed away. Based on the information I have got paternal uncle got this as an ancestral property. Also my grandfather has made a deliberate note under point number 6 in the will mentioning First son has CONSTRUCTED property elsewhere hence he won't get a house in the issue based land. Whereas this isn't true. He does not own any house or land. All of other 3 sons want equal share except for second son My question is how can we approach the court or magistrate in a best manner? Already mutation entry application in progress with magistrate. > Can a seperate case be filed on witness who has witnessed the point number 6? > Point number 8 mentions if any of my other kids dispute my will no land should be given to them at all. SHOCKING ? > Everyone wanting 9 acre to be equally distributed but because of grandfather's mess the sons are anxious My grandfather has passed away in Feb 2022 and we only came to know about this will on 20th Apr 2022... Except for second son no other sons had idea such unfair will has been written Can this will be cancelled altogether? All we need is EQUAL DISTRIBUTION of land not more not less. Appreciate your response and happy to answer in case you need more information
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Consent of all legal heirs is necessary for equal distribution of property
2) you have to file suit to claim equal share in property
3) take the plea that will was executed under un due influence
4) seek injunction restraining sale of property by other legal heirs
It is not known how are you getting any rights or interest in your grandfather's properties.
If at all your father and his siblings who have been allotted with less share want to fight against it, they can do it only during the lifetime of your grandfather.
Besides since this property was acquired by your grandfather as a gift from his close relative, it becomes your grandfather's own and absolute property.
Thus this being your grandfather's self acquired property, he has full rights to dispose the properties in any manner to anyone of his choice.
If someone decides to approach court for challenging the Will, it can be challenged only to the genuine execution of the Will and the contents of the Will cannot be challenged.
Don't expect a favorable opinion which would be unlawful and misguing.
You will fall prey to only cheating people if you expect replies appeasing or making you happy.
It can be cancelled only by court if found not legitimate and against the provisions of law
You can file case in the court for probate of the WILL and stop mutation process.
Kindly do this on immediate basis.
Apply first for PROBATE of a WILL in the court.
- Since, this property came to your grandfather from paternal uncle , then after getting the same it will convert into self acquired property and hence he was having his right to write a WILL as per his own wish, and none having right to challenge the same , if it was not written under influence.
- Further, the probate of a WILL is mandatory if there is dispute amongst the legal heirs , and if this WILL is not probated from the court , then you can refuse to accept the same
- Hence, you can file a suit fort partition and injunction before the court for getting equal share in the property left by grandfather , and to restrained others to sell any part of the property during court proceeding.
- However issue a legal notice to demand your equal share in the property , and if no response then file the said suit
