Legal Question in Real Estate Law in India

The query in detail as follows.......

1. My grand father had 4 sons and made a "Unregistered Partition Deed" in the year 22-05-1985 and shared properties among himself and sons as A to E Schedule Properties.

A Schedule property for 1st son

B Schedule property for 2nd son

C Schedule property for 3rd son

D Schedule property for 4th son AND

E Schedule property for himself (grand father).

From that time everyone are in possession of their respective properties.

2. My grand father passed away in the year 2001, then started quarrels among sons for sharing "E Schedule property, it was the share of my grand father". Then 1st son filed a suit for partition of E Schedule property and same was decreed (equal share to all sons in grand father share), preliminary decree in the year 2004. Court observed that even it is Unregistered Partition Deed, no one was challenged the validity of partition deed, but every one was fighting for E Schedule property, it was the share of my grand fatheer in that Unregistered Partition Deed. Hence it is marked as evidence of partition and passed preliminary decree accordingly. After 6 months of preliminary decree 1st son filed suit for final decree (still pending).

3. Now problem is that one more "probate application for will" filed by another grand son of my grand father saying my grand father executed will in favour of him and also filed an application to stay final decree proceedings.

We gone through the executed registered will and found following information......

a. It is registered will, executed in the year 1994

b. In that registed will itself my grand father is saying "I given shares to all my four sons through partition deed dated 22-05-1985, and all are in possession of their respective shares, my share (E Schedule property) in that partition deed today I am bequeathing it to my grand son through will".

c. The beneficiary of the will is son of 3rd son (C Schedule property), My grand father in that registered will bequeathed the "C Schedule property meant for 3rd son" and "A Schedule property meant for 1st son" instead of his share 'E Schedule property" even he himself after quoting as information mentioned above in "b".

d. My grand father was living with 3rd son (C Schedule property), he and his son (will beneficiary) forcibly bequeathed registered a will in favour of them.

Please give solution how to challenge the will - my grand father not at all bequeathed his share in rgistered will instead he bequeathed his 1st and 3rd son shares. my grand father himself mentioned Partition deed information in registered will along with date of partition - If probate sanctioned it disturbs the shares of 1st and 3rd son and also other shares in the partition deed - One of the witness in the registered will itself father of will beneficiary (C Schedule property). Please clarify Is this will get probate or become void if properly challenged?. Please give solution how to make it void?. Thank You

3 Answers from Attorneys

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