India  |  Wills and Trusts

Legal Question

Asked on: 8/29/13, 12:45 am

Sir, please do justice and give guidance-

My borther Deepak has submitted a will to mutate property, signed by my father Manoj saying all property goes to my mom Sarita, but she can not sell or mortgage etc,., but she can use that property only for her livelyhood. According to the will that after mom Saritaís death, property may be claimed by me and my brother Deepak.

Will is neither registered by my father and after his death not registered by anybody. Moreover its validity has not been proved by any competent authority before producing the "Will" to mutate the said property.

My brother Deepak has done his signature on that will as a 2nd witness,and 1st witnessís name is not mentioned there on the will, only signature and address is there.

In the mutation office I wrote some letters to verify the WILL, but due to collusion nobody told his to go to the court to verify the WILL. Moreover he did not submitted an affidavit to the office, because it was necessary for mutation. I wrote the office that alongwith the mom's name our name means both Deepak and my name should be entered as an heir of the property. But they did not do it.

After that, I have challenged the will in the court, on the basis of all above points that he can not be a witness of the will and another witness's validity can not be proved.

Please sir give me some another points to contest "the Will".

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