• Advice on Will

My dad has 2 more brothers and my grand father wants to do his whole property on my fathers name.. so i want to know if my grand father makes a registered will in the court then my uncles can challenge it in future or what is the other best way to sort this out...?
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
If the property of your grandfather is his self acquired property then he can give that property to anyone including your father.
However if the property is his ancestral property then your uncles can not be deprived.'
So execute the Will accordingly.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
1) what is your grand father age ? 

2) is he suffering from any mental illness ? 

3) obtain doctor certificate regarding your father mental health 

4) yiur grand father can bequeath his property to your father 

5) enclose medical certificate to the will 

6) have the will regd.and attested by 2 witnesses 

7) even if yiur uncles challenge will they have to prove grandfather was not of sound mind or will was executed under undue influence or coercion 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1) it can be challenged but it will help you rebut their case that grand father was not of sound mind st time of execution of will 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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Instant your Grand father to make a family settlement deed on a stamp paper of Rs. 100/ and the family settlement deed shall be between your grand father, father and your uncles .
as per Hindu law the property shall be divided in to equal share after the death of your grand father and during his life time he shall be entitled to enjoy the property as equal share holder with his sons.

in this family settlement deed dont forget to mention the clause stated that both of your uncle dont have any objection and shall not claim the same nor his children shall have any right over the said property nor his children shall be entitle for the same and kindly signed by all every page of the  family settlement deed, if the uncles  children  are above 18 years old  let them also signed in family settlement deed as witness
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
1. The registration of a will is optional at the desire of the testator. An unregistered will is at par with a registered will in terms of the rights created under it. Registration of will does not preclude a legal challenge thereto. Even providing a medical certificate will not make the will beyond the pale of a legal challenge.

2. The will can be challenged only on the ground that it has been made under coercion or undue influence.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Hello,
1) If the property is not an ancestral property there is nothing that stops your grandfather from making a will of his property entirely in favour of your father. If it is ancestral your uncles can stake a claim in their share any time in the future.

2) The Will is not registered in a court.Once the will is drafted preferably by a lawyer it has to be registered before a Registrar/ sub registrar where usually the transfer of property or other agreements get registered.

3) If your GF is more than 60 years of age ensure that a certificate medical and mental fitness is attached with the Will.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. The best way to convey the Title of the property in favour of your father is to get a Gift Deed registered in his favour,

2.In that case the  Title of the said property will be transferred in favour of your father during the lifetime of your grandfather,

3. If your grandfather is not willing to register a Gift deed, he can execute and register the Will being witnessed by a Doctor to ensure that your Uncles can not claim that your grandfather was ailing and was not in his sense to execute and register the will. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You can not stop your Uncles to challenge the will,

2. Not only medical certificate from a govt Hospital, the will should be witnessed by a registered medical practitioner.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
The registered will bequeathing the self acquired property in favor of one son only by the testator, in general, cannot be challenged or even if there is a challenge it cannot be maintainable owing to the nature i.e., registered will.  But remember even the registered will can be cancelled by the testator at the last moment or at a later stage, hence better to keep the registered will as a confidential document.
The medical certificate about his sound mental health will support to prove the genuineness of the will. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
A Will is a document which ensures that your wishes with respect to your assets and property are followed after your death.

Who Can Make ‘Will’: Every person who is competent to contract may make a will but he must be major, sound mind and willing to write a Will. Any person who is the sole owner of a self-acquired property can bequeath by way of will.
Features of A Valid ‘Will’: in contain 


1.	the testator's name and address
2.	Intention of the testator must be write in specific language (The intention of the executor has to be found out by reading the entire recitals in the document and the phraseology used therein.)
3.	He should be sound mind person memory and understanding
4.	the document must be signed at the end by the testator .
5.	The signature must be written or acknowledged in the presence of two witnesses; both present at the same time and the witnesses must sign in the presence of the testator, but not necessarily in each other's presence.
6.	Write pacifically  place where the testator made the will
7.	A revocation clause 
8.	list of legacies (gifts of money or goods),
9.	list of devises (gifts of real property)

So create a will according the above 9 ingredients and to be registered before sub registrar office.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Hi, if the property is an self acquired property of your grandfather then he can dispose of the property by way of will.

2. Existence of valid will is that testator has sound mind at the time  of writing the will and two witness important.

3. Will has to be registered before the Sub-Registrar, it is better will can be drafted in his own handwriting so  that it will become more genuine. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
First of all plz tell its ur grandfathers self-acquired property?
if yes then he can do that by way of will or gift,try to register the will.

if its ancestral property then legally he cant give all his share to only one son.
Kshitija Wadatkar Wankhede
Advocate, Greater Mumbai
29 Answers
7 Consultations
Not rated

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