Legal Question in Civil Rights Law in India

Hi,

My grandfather made a registered will to divide his all immovable property into his 3 sons after losing his one son.

In fact, uncle-2 has beaten & thrown my uncle-3 from a train to some station during a train journey and took her wife with him. Uncle-3 had no kids.

It is clear that it happened with consent of Unlce-3 wife, so my grandfather decided to not give any property to her. Uncle-2 kept her and started advocacy for

getting half portion of property.

Last year, my grandfather passed away after a long illness. Uncle-2 never turned up to see him or helped him for medicines. Now, he is claiming for half portion of property.

My father & 4th uncle, had Tehsildar order(registrar of will) to update the name in all lands as per the will. But Uncle-2 has gone in court now.

I just wanted to know, if he can invalidate the will as per any act like Hindu family etc.

Basic Info:

Hindu Family from UP

Grandfather passed in year : 2013

Will regitered : Yes, with 2 witness

Matter : 4 sons. All married. 1 son had no kid and beaten/thrown with consent of his wife. still missing.

So Grandfather don't wanted to give anything to her & registered a Will to distribute the property into 3 sons. Though his one son is the culprit for throwing another son.

Thanks


Asked on 7/23/14, 1:53 am

1 Answer from Attorneys

Adv Meenal Kashyap M Kashyap & Associates

( presuming the property is from self earned income )

Yes , if they proove that the said will is fake .

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Answered on 7/23/14, 5:28 am


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