My father and uncle are the two sons of my grandfather.
My uncle says that he has a will in his favour written by my grandfather. He has not given us a copy of the will. The will is not registered though as we know from the other sources. How can we get a copy of the will from him? Secondly It is possible that he might have filed for obtaining a probate of the will in the court. How and where can we know that he has filed a probate ???
It is the District Court in which jurisdiction the property situate. You may have to engage an advocate to verify the suit/o.p. register maintained by the court to ascertain whether your uncle had filed any such petition seeking grant of probate of the will. If you want to have share in the property of your grand father and if you are sure that your uncle might have fabricated the will, you can file a suit seeking partititon of the property left by your grand father. If your uncle wants to deny your share, it is for him to produce the will and claim entire property for himself by virtue of the will said to have executed by your grand father.
If I assume for a moment that my father wrote a will with my uncle givng him everything he could dispose off. There is a property in jaipur in which he had paid more than 50% of the money. Since it was a land in govt issued scheme and my father already had a land in the state ,he made it apply in the name of my grandfather. My father had deposited the first installment via a bank dd from his own account . we have a bank record of that sum. In the next installment my father gave my grandfather the cash and ahe deposited the money. We have all the reciept of this also. We have also deposited the lease money continuously for all the years. Since all of our money is only involved. Please tell me if my grandfather will also applies over it and give favour to my uncle? though it was not his property!!!!