Right to make a will?
An illiterate war Widow Rukmani Devi (my wife's Nani)was allotted a 25 bigha land in compensation after a very long case.
She made 1st regd. will in the name of 3rd child( elder son) , then cancelled it, and made 2nd regd will in the name of 2 elder daughters+2 younger sons. so Khatedari of the land was allotted to all 4 of them.
2 yrs after her death, both the brothers came up with a new unregistered will in their names only and filed for probate which was challenged in 2010.
1. Was the lady having right to write a WILL for this kind of property received as compensation. The daughters were married and sons were 6yr , 8 yr old kids, financially and other ways taken care off by their eldest sister when their father died in the war. Widow couldn't receive pension for many years due to postal fraud.
2. This unregd. will was said to dictated in hard legal language with precise technical details, by an illiterate bed ridden, rural Haryanvi lady with complete kidney failure and hard of hearing (hospital reports), and the witnesses have given their statements in court for this forged will. Actually we know that the day "Will" is shown to be written, the lady wasn't there and rather she was with us in Jaipur but we have mild proof.
ONLY RAY OF LIGHT
The 3rd witness may appear in the court because there were few significant contradictions in the statements of first 2 witnesses.
Now what is suggested?
Wait and watch or challenge the right to write the will for that property.