Legal Question in Family Law in India

Dear sir,

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 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 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.

Awaiting to hear a valuable opinion


Asked on 12/30/13, 3:40 am

1 Answer from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

is the case in litigation?? if yes without seeing the pleadings no opinion can be formulated. As far as the unrehgistered will is concerned you can challenge the same.For further query contact 9312411481

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Answered on 12/30/13, 5:21 am


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