Validity of "will" after intestate death
A) Grandfather expired a couple of decades back. 5 yrs before that he wrote his "will" on a set of stamp papers. Grandfather, grandmother and three out of four sons (S1, S2, and S4) signed on all sheets. S3 did not sign as he resides out of country. Last sheet is signed by three local elders (E1, E2, E3) and two witnesses (W1 and W2) in addition to grand parents and S1, S2 and S4.
B) Main features of the will are:
1) One of the sheets, signed by grandparents and S1, S2 and S4, mentions a property, 'P1', registered for S1, as joint family property and to be gifted to 'S2' to compensate for past usage of S2's dowry money towards joint family expenses.
2) "Will" distributes properties, 'P2+', registered on my grandmother's name in various proportions to S1, S2, S3 and S4.
3) "Will" distributes properties, 'P3+', registered on my grandfather's name in various proportions to S1, S2, S3 and S4.
4) "Will" mentions certain monetary payments made to daughters.
5) "Will" is neither notarised nor registered, even today.
6) None of the sons have mutated their inherited shares yet.
C) Situation
1) Recently S2 violently seized posession of S1's share in P2+ and constructed a dwelling.
2) S1 wants to approach courts to void the will and redistribute the properties fairly.
D) Questions:
1) What actions/causes can void a "Will" after the testator's death (it has been 2.5 decades since the will and 2 decades since the death)? How to approach the court?
2) How can S1 withdraw P1 from the will? Is P1 a legitimate part of the "Will" as the property is in neither grandparents' name and has always been in S1's name?
Regards.
Asked 8 years ago in Property Law
Religion: Hindu
A) Grandfather expired a couple of decades back. 5 yrs before that he wrote his "will" on a set of stamp papers. Grandfather, grandmother and three out of four sons (S1, S2, and S4) signed on all sheets. S3 did not sign as he resides out of country. Last sheet is signed by three local elders (E1, E2, E3) and two witnesses (W1 and W2) in addition to grand parents and S1, S2 and S4.
B) Main features of the will are:
1) One of the sheets, signed by grandparents and S1, S2 and S4, mentions a property, 'P1', bought and registered while S1 was major and working, as joint family property and directs it to be gift registered to 'S2' to compensate for past usage of S2's dowry money towards joint family expenses.
2) "Will" distributes properties, 'P2+', registered on my grandmother's name in various proportions to S1, S2, S3 and S4.
3) "Will" distributes properties, 'P3+', registered on my grandfather's name in various proportions to S1, S2, S3 and S4.
4) "Will" mentions certain monetary payments made to daughters.
5) "Will" is neither notarised nor registered, even today.
6) None of the sons have mutated their inherited shares yet.
C) Situation
1) Recently S2 violently seized posession of S1's share in P2+ and constructed a dwelling.
2) S1 wants to approach courts to void the will and redistribute the properties fairly.
D) Questions:
1) What actions/causes can void a "Will" after the testator's death (it has been 2.5 decades since the will and 2 decades since the death)? How to approach the court?
2) How can S1 withdraw P1 from the will? Is P1 a legitimate part of the "Will" as the property was bought after S1 attained major age and was already working and has always been registered in his name ever since.
Asked 8 years ago