About a registered will.

Querist : Anonymous (Querist) 07 November 2009 This query is : Resolved
Dear Lords,

As there is a query about our family dispute. my grand father(NANA G) died,leaving a registered will but God knows whether it has been registered by my grand father in favor of my maternal uncles as i want my mother to get equal share in the property .

(1)I want the expert opinion from my senior friends that whether in 2004 at Delhi is there is mandate to fix the photo of the testator on the will?

(2)I want to know that how we challenge the registered will as it may contain the FORGED SIGNATURES?

(3)Please suggest me the good lawyer who use to deal with this kind of matters at Delhi so that we can challenge the Registered will

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adv. rajeev ( rajoo ) (Expert) 08 November 2009
If you are doubt about the execution of the will nd forgzed sign., of ur nanaji, then your mother will have to challenge the will. She will have to file a suit for partition and seperate possession of her share in the properties of ur nananji by denying the will executed by ur nanaji.
Burden lies on your mother to prove that will is not executed by nanaji and if there is will it is forzed. Regarding forzery it is your's mother's duty to prove.
Your maternal uncles will have to prove the will burden lies on them also.

Y V Vishweshwar Rao (Expert) 08 November 2009
Your Mother need not plead the Will as forged and she need not prove that the Will deed as forged ! she can simply file the suit for partition and the brother/your uncle will plead the Will Deed to dispute the share of the your mother , brother/your uncle has to prove the Will Deed was executed by Nanaji , otherwise partition suit of your mother will be decreed!

Raj Kumar Makkad (Expert) 08 November 2009
I fully agree with Vishweshvar Rao. It is not the duty of your mother to even mention anything about will. She innocently has to file a suit for partition of the properties left by your Nana ji claiming 1/2 share and in the written statement your mamaji shall mention about the will then you demand its copy on file of the court and then challenge it in the replication (reply fo written statement) which is a part of pleadings.

I suggest Rajesh Gogna Advocate {Gogna & Co.} (Tishajari, High Court & SC) for your purpose. His cell no. is 0991122225.