×
  

Continue to LawRato.com with Google


Continue

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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.

Popular Wills / Trusts Lawyers

Advocate Anubhav Almadi
District Court, Gurgaon, Gurgaon
10 years Experience
Advocate Riddhi Shah
Borivali East, Mumbai
12 years Experience
Advocate Namrata Jayakar
Churchgate, Mumbai
15 years Experience
Advocate Saurabh Dalal
Punjab and Haryana High Court, Chandigarh
12 years Experience

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.


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

Create a Trust

4.8 | 132 ratings
Fixed Price Rs. 11000
30 Min Intro Call + Start to finish help - Create a Trust through a local experienced advocate
Probate of Will

4.6 | 73 ratings
Fixed Price Rs. 14999
30 Min Intro call + Start to finish help - Filing for Probate of Will through a local experienced advocate
Document Review - Will

4.4 | 122 ratings
Fixed Price Rs. 1999
Review + 30 Min phone call - Will review by a local experienced advocate
Will at Home

No Ratings
Fixed Price Rs. 14999
30 Min Intro Call + Start to finish help - Will drafted at home by a local experienced advocate
15 Minutes Wills / Trusts Advice Session by Phone

4.8 | 351 ratings
Fixed Price Rs. 499
Legal advice and answers from a local experienced advocate about your Will / Trust issue
Draft a Will

4.8 | 276 ratings
Fixed Price Rs. 4999
30 Min Intro Call + Start to finish help - A customised Will drafted by a local experienced advocate
Similar questions

My father made unregistered will. Two witness in will of father is my wife and one is known to my father . Now heirs are my brother and mother and two…

Read More

Hi My relatives are not giving me a copy of the will document I need to find out if this 'will' has gone through a probate or is even register…

Read More

When a person expires leaving unregistered Will. Can we register now? Need to transfer property in his mother's name. What is the procedure and f…

Read More

How parents can prepare property WILL and get it legalised? what is the process and where to get it legalised? Pls let me know…

Read More

Get free assistance for your legal issue