Procedure to challenge Will being drafted illegally


Hi, I am a HINDU, I am from a HINDU UNDIVIDED family and last year my Grand father's elder brother expired(Sept 2017) and he has not left any WILL and he doesn't have any children. My father is having an elder and younger brother. Since my grand father had not left any WILL. The younger brother suggested to create a WILL to avoid the property sharing as per CLASS II heirs(Grand father had sister and brother and they have their family). He has taken the signature of my father well in advance before the WILL was drafted and even my father doesnt know the content of the WILL that he got drafted. Both the Elder and Younger Brothers are not in GOOD terms with my father. How can we get the copy of the WILL drafter by them and if the content of the WILL is not satisfactory to us(meaning the property is not shared equally among us) can we challenge it as being drafted illegally after the dead of the person. Please advise. Thanks


Answers (3)

Sir, the question of creating the WILL after the demise of your grandfather's elder brother does not arise. WILL is a testamentary succession which is created during the life time of the testator and it is enforceable after the death of the testator. Your grandfather is a class II legal heir and so are your grandfather's sisters or brothers. Your father's brother can not create a WILL and law does not recognise the same and the said WILL can not be acted upon. You can file a suit for partition before the court.


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Very peculiarly ingenious plan to deprive the legally entitled sharers and keep them away from the property. Selfishness and jealousy are the causes for such fraudulent means. You need not worry about all such fabricated Wills.
You may file a suit for partition and, if what you have stated is true, sure to succeed.

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See if the will is defective but registered then you can approach the sub-registrar office and after paying requisite fee you can obtain the certified copy of the will. secondly will can be created by the grandfather if it is own property or self acquired property and not belonging to joint family. you can challenge the validity of will since the grandfather does not know the content of will.


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