quesUncle took gifted property by forged Will. Can we challenge it?

I think my uncle has drafted a fraud Will and is planning to cheat us. My grandfather had a land of 5 acres and 4 houses. After the death of our grandfather our uncle told us that grandfather made a Will in which he has given 4 acres of land to our uncle along with all 4 houses.

His claim is all wrong as grandfather had gifted one house to my father. And out of 5 acres land 1 acre land was given to another person. Can we challenge the Will? What all can be done?

  • ansFirstly, as your father was gifted a house by a registered gift deed which was duly stamped, then you father would be the absolute owner of the said house and your grandfather can give it away by Will.

    You should ask your uncle for a copy of the Will.

    If your uncle refuses to provide you the copy of the same then you could get the copy from the sub registrar’s office.

    Once you receive the copy of the Will and consult an advocate to know the genuineness of the same.

    Later, you file a declaratory suit in the concerned civil in whose jurisdiction the property falls. 

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