Regarding a will of a property
Sita Vallabhav
(Querist) 07 July 2015
This query is : Resolved
Respected learned professionals,
Brothers Vishnu, Mahesh, Ram, & Ganesh got their fathers property partioned in 1959 by registered partitioned deed.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together.
Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh and his family since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has family and children. Vishnu, Ram and Ganesh have died.
Now, in 2015, the family of Vishnu and Ram approches ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property.
But Ganesh's family tells them that, Mahesh under the will dated 1967 bequethed whole of his property in the joint holding to Ganesh only.
The will wrritten in 1967 is non registered but witnessed by two persons. The two witnesses are not alive now.
Family of Vishnu and Ram doubt the authenticity of the Will.
Now my doubt is, if the family of Ram and Vishnu approch court for partition suit, hether thy can challenge the auticity of the will as it is no registered.
Or how Ganesh's family prove the authenticity of the will as it is not registered and the witness have died now.
please enlighten me sirs...,
R.K Nanda
(Expert) 07 July 2015
query too long.
Rajendra K Goyal
(Expert) 07 July 2015
Seems a classroom problem, how you are connected with the problem?
Kumar Doab
(Expert) 07 July 2015
How are you concerned with the matter?
Sita Vallabhav
(Querist) 07 July 2015
Dear Learned Professionals
In my relatives family a property partition issue.
Father's property partitioned vide registered deed in 1959 among brothers: V, M, R and G.
Property of M and G are kept as joint property in both name together.
unmarried m died in 1969.
G , his wife and children enjoy the joint property since partition without any objection from anybody till now.
All other brothers namely V, R and G also died in 1990, 1987 and 2004 respectively.
Now When the heirs of V and R approach G family for their share as class II heirs of M.
G family informs them that M under the will dated 1967 bequeathed whole of his property in the joint holding to G only.
The will not registered but witnessed by two persons.
Heirs of V and R doubt about the authenticity of the will.
Can they approach court for partition ?
Who has to prove the authenticity of the will?
pleas enlighten me sir..
Kumar Doab
(Expert) 07 July 2015
Ref;Your PM's too.
It shall be best if you show all docs on record to an able lawyer dealing in family/revenue/property/civil matters.
Even a registered WILL can be contested.Registered WILL fetches more reliance.
The question arises has the WILL in question been acted upon.If yes after such a long period even a unregistered WILL that has been acted upon may not be set aside.
You may find another thread interesting:.............
http://www.lawyersclubindia.com/forum/Changing-ownership-unregistered-will--123506.asp................
It is reiterated that you may consult with all docs on record with an able lawyer dealing in family/revenue/property/civil matters.
