Will dispute / frdulent will..
NAMA
(Querist) 10 January 2013
This query is : Resolved
Hello Experts,
After many years of My grandfather’s death, his own earned property is divided equally between my grandmother (referring as P1) and her 2 sons (P2 elder & P3 younger who is my father) in 1984. P2 is no more but had a daughter (P4). Due to conflict of personalities my grandmother (p1) has been staying with us. We’ve least terms with our father's brother's family.
My grand mother(p1) executed a registered will in 1989 that her share to be given to 4 sons of her younger son(p2). My father's brother's(P2) family has no knowledge of our will as they are not close to us.
The property is given on rent & we are enjoying the rent then onwards.
My grand mother died in 2007. My father's brother's daughter (P4) had issued a lawyer notice in 2008 stating that she had a registered will of my grand ma(P1) giving her full rights over her property in 2003. this new will has no reference about our old will.
We've replied via lawyer as it is fraudulent and forged.
Again in Dec 2012, they filed a caveat in junior court & claimed that they looked after my grand ma till her death and performed her funeral activities.
As a layman in law, i've following doubts.
1) is there any legal requirement to have a statement in the new will about the revocation of old will or is it automatic??
2) can the absence of reference to old will be a ground for suspicious circumstances
3) I've a doubt over thumb impressions of my grand ma in the new will
how to prove It??
4) on one page of the new will has Left thumb impression & on other page it is right thumb impression
5) we've sufficient evidences that my grand ma stayed with us. will it be of any use??
6) we want to get an injunction order to prohibit any sale. Plz mention suitable grounds for filing injunction order
7) How to proceed to protect our best interests
8) What can be P4's next legal course of action
In advance I deeply appreciate your reply.
Thank You!!
ajay sethi
(Expert) 10 January 2013
generally a will mentions that testaor revokes all former wills and codocils if any .
even if no suchj clause latest will supersedes earlier will .
2) as far as thumb impression is concerned if you have other documents bearing her thumb impression hand writing expert can opine about genuine ness of impresson .
3) the fact that you have evdence that your grand mother was staying with you till her death and you looked after her contradicts statement made by your cousin that they hd looked after your grand mother
4) contact a local lawyer . he will do the needful
R.K Nanda
(Expert) 10 January 2013
no more to add.
Sudhir Kumar, Advocate 
(Expert) 10 January 2013
if you doubt authenticity of will then you have to challenge it when presented.
NAMA
(Querist) 11 January 2013
Thank You All and Ajay Sethi especially in particular!!
Some one said me that Injunction alone may not be successful as they have issued a caveat, but declaration suit along injunction can be helpful.
My Question: Can the Injunction be a futile for us?? if So How??
Thank You!!
Raj Kumar Makkad
(Expert) 11 January 2013
Caveat means just to hear the party filing it prior to passing any order in case of appeal. It is to be decided by the party concerned whether a declaration is to be sought or not and the filing depends thereto.
ajay sethi
(Expert) 11 January 2013
file declaration suit along with injunction .
NAMA
(Querist) 12 January 2013
Thank You Raj Kumar Makkad sir & Ajay Sethi sir..
