Registered Will Vs Forged Unregistered Will
My uncle died on oct.2013. He was 76 and suffering from throat cancer for the last 8 years. He was a childless Man. Two years back he made a registered Will with Tehsildar in which he declared that his Sister-in-Laws (wife's sister) son as legal owner for his property as he was looking after him for the last 22 years. His age is now 34 years and he is unmarried. After 01 year of above said 1st Will he made another registered Will in which he has given around 15% share to his elder brother’s son stating that he is canceling his first will with 2nd Will.
After his death, according to 2nd Will, both parties claimed agricultural land and got mutation done. Uncle’s wife had no objection on this. She had given affidavit in front of tehsildar and patwari regarding transfer of property as per second Will.
Now after transfer of property all other family member of my uncle’s family produced an unregistered will with his signature(Which is I think forged because full will written in a blue pen and signature are with the black Sketch pen/Marker pen, not with a normal pen,The signature is in URGU language, Actual Signature is of 4 words but in unregistered will it have 5 words, 1 word with the blue pen, the same pen which is used for writing the will and others four words are with black marker.) stating that this is his last will. This unregistered will was dated 10 days before his death. Will was witnessed by his younger brother, sister-in-law (brother’s wife) and sister of my uncle.
Younger brother himself has written above said unregistered and fraudulent will. In which he stated that all property belongs to uncle family and will be headed by younger brother and will be distributed by him. His family will give monthly expanses(no amount was mentioned) to deceased’s wife till she alive. Now the case is in court.
The boy who got 15% share now turned hostile and given his statement in front of court that as he doesn’t know the boy (Sister-in-law’s son) who got 85% share of the property.
Aunty had given her statement in front of judge on the first date of the court that above registered will shall be executed and the boy who served them from childhood and till to date shall get legal rights on his 85% share.
Wife also died now. And court declared the "Administrator General" to defendent no 1(Sister-in -law son's whose name is 85% stake).
Legal mutation of agriculture land is also done, Demarkation/Nishandehi also done, Gardawari also done, Physical possession is also in the hand of the Defendent no 1. And he is doing the farming since last 2 year approx.
Summarizing the main points again:
1). 1st Registered will in the name of sister- in -law son's name with 100% owner, No rights given to even wife also.
2). 2nd Regsitered will in the name of sister- in -law son's name with 85% owner, 15% owner to brother's son .No rights given to even wife also in this will.
3.) In the Regsitered will It is mentioned that He adopted the sister-in -law son but in actual their is no legal adoption deed. Is this point go in against of the defendent no 1.?
4).Mutation done on the basis of the 2nd Registered will. Demarkation/Nishandehi done. Gardawari done.Phyysical possesion is in the hand of defendent no 1. Doing farming since last 2 years.
5) Unregistered forged will with the signature doubt.
6) All the witnesses in unregistered will are beneficiary.
Awaiting to hear a valuable opinion