Legal Question in Wills and Trusts in India
I live in Delhi, India.My grand father passed away three years ago and left the only house in my fathers name (Registered will). He mentioned that my grandmother can stay at the house as long as she alive. Now my two uncles and two aunts are in the picture and one my uncle has the will and he refused to give it to my father. My grandmother and uncles are trying every thing possible to change the house in the will under my grandmother's name. My question is: Is it possible to change or make alterations to a will or can theychallenge it? and Can my dad go to the court and get another copy of the registered will?
3 Answers from Attorneys
No one can alter the contents of registered document including WILL. That is tampering with the public record, a registered will. Your father can always get another certified copy of the WILL from the office of Registrar where the will was registered. However, the legal heirs may challenge the WILL. The success or failure of such challenge would depend upon the circumstances of each case.
You have not stated whether the property in the hands of grand father was his self acquired or grand father also inherited it. Secondly, whether the property is lease hold or has been converted into free hold.
your father can get the certified copy of the will if it is registered. in case only life interest is there in favour of your grand mother as per the will, she cannot get the mutation done on her name. if they try to do it illegally, your father may approach the court and seek stay against the grandmother and restraint order against the uncle and aunt.
Apply for a certified copy with the concerned Registrar. No one can alter the contents of the will. After obtaining the certified copy move court for stay against uncle and grand mother.
Best Regards,
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