Legal Question in Wills and Trusts in India

Dear Sir,

My grandfather expired in 1995 in Dehradun(Uttrakhand).he had made a will in 1994,but the will was not available(untraceable) after his death.

My grandfather given all his movable and immovable property to my father through will dated 1994.

Therefore all the brothers of my father living together in the property made by my grandfather.

I was working in New Delhi from 1993 to 2005.

In 2013 when I was searching some papers I found the will of my grandfather attessted by two witness in a file which was unregistered.

I showed the will to my father and all uncles,all my uncles surprised and next day all my uncles filed a property distribution suit in the court and sent the notice to my father.

My father consult the advocated and given a written statement in the court that my father has a will of my grandfather in which my grandfather given all his movable and immovable property to my father.

My all uncles replied in the court that when my father submit the will in the court they will challange it. In last five years neither they challanged the will nor my father submit the will in the court.

Now in September,2018,all my uncles filed a affadavit in the court that my grandfather did not make any will.

Our advocate advised us to file an another suit for probate of will in the court.

My father filed an another case of probate of will in the court with the affadavit of one witness of the will and submitted the orignal will in the court.

Please advise us are we going in the right direction or we should do some thing more.

Regards,

1 Answer from Attorneys

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