Partion of father's property done in 1956 by registered deed between brothers Suman, Prathap and Murugan.
As per the Deed, Schedule A for Prathap and Schedule-B is for Suman & Murugan together as joint holding.
Suman, un-married, without wife or children died at the age of 48 in 1966.
The joint property is possessed and enjoyed by Murugan & heirs of Murugan, since the death of Suman. even now that is 2015
Prathap and Murugan, both have wife and children.
Both Prathap and Murugan are not alive now.
Heirs of Prathap approaches in 2015 for partition of the property of Suman as class II legal heirs.
Murugan family informs about a WILL of Suman bequeathed favoring Murugan.
Prathap family is sure that the WILL is forged and they want to prove it?
The dilemma is the property is in possession of heirs of Murugan.
What is the procedure of the heirs of Prathap to prove that the WILL is forged?
Now No case is pending regarding the property.
1. Whether the heirs of Prathap has to file a partition suit, and when heirs of Murugan produces the WILL they have to challenge it ?
2. Can they challenge the authenticity of the WILL as Suman made the WILL at the age of 48 is itself doubtful?
3. Some experts have also opined to them that As per Evidence Act any document which is old by 30 years or more is presumed to be valid.
4. No Probate for the said WILL... But Probate of the will is necessary when some property mentioned in will is to be recovered from some third Party. Here there is no such question, as the property in dispute is in possession of heirs of Murugan.
Thanking you in advance sir...