Legal Question in Civil Litigation in India
We have an ancestral property at Kolkata, made by my Grandfather. He died in 1980. He made a will (in white paper), signed by 3 witnesses and lawyer. He said that aftre his death his two sons will get equal share of the property and his only daughter will not claim anything as she has been compensated with equivalent amount in her marriage. The will was also signed by her daughter and her husband, and my father and uncle (two sons of my Grandfather). My grandmother was made the executrix. But, she did not take probate of that will. She died last year. all 3 witnesses and the lawyer of that will are also dead now.
Now, how can we, means my father and my uncle can take probate of the will. Does my aunt (daughter of my Grandfather) has a legal claim? How to prove that this will is a valid and authentic document? Please advice.
1 Answer from Attorneys
Was it your grandfather's self acquired property, if yes than your aunt can't claim anything. Will has to be peruse to answer second question so approach a local lawyer.
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