Legal Question in Appeals and Writs in India

Dear Sir

My father had written a ungegistered hand written will(two witness also) in 1998 in favor to me and my elder brother,my father died in2007, on the behalf of said will Nagarpalia stated a order in favor to us but at present my step mother filed a appeal in CJM Court Sultanpur(UP) ,My mother and step mother are alive and property are ancesteral

We also filed a application in CJM Court for will(signature verification)verification,Witness (02) also given an affidavit in favor to will in Nagarpalika

what would be legal status of my case

Asked on 10/16/13, 10:11 am

2 Answers from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions(

U need to file a petition for probate of the will before the district judge.

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Answered on 10/16/13, 10:53 pm

Rajiv Chandhok Ph: +919810050896

Your father was not competent to make a will as it was ancestral property and hence all his legal heirs including your step mother has a share. However if you prove that the step mother had illegal marriage with your father, then she may not get any share. Kindly clarify, how your father became beneficiary of the said property. You may also drop a detailed query at [email protected]

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Answered on 10/17/13, 4:08 am

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