Testamentary will

Querist : Anonymous (Querist) 12 December 2023 This query is : Resolved
A Hindu Mother who inherited some properties from her parents and relatives died intestate and her only son bequeathed the property. The son got lawfully married and had three daughters with one attaining majority at the time of death of his mother. He appears to have developed an extra-marital relationship and had some children there also. The first marriage was never annulled by divorce / separation / court order. This son also passed away. Now, the concubine is claiming that the son who inherited property from his mother has executed a will in her and her children's favor.
The will is unregistered, the signature in the will is genuine, typed in vernacular probably after the demise, duly witnessed without the mention of prepared by whom. Since legal marriage was not registered the concubine is claiming that she is the first wife and has no documentary proof for that.
How to expose this fabricated will?

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This discussion concerns a complex inheritance dispute involving a Hindu mother who died intestate, leaving property to her son. The son, who had children from a legal marriage and an unregistered extramarital relationship, has also passed away. A concubine is now claiming ownership based on an unregistered will allegedly made by the son, which the original wife's children wish to contest. The advice suggests consulting a local lawyer and challenging the will if presented, as the holder would then need to probate it.

kavksatyanarayana (Expert) 12 December 2023
The children born from 1st wife and the children of the unmarried 2nd wife have equal rights over his properties. As stated, the will seems genuine as the signature is genuine and 2 witnesses signed. Where is the property situated? Consult a local lawyer with a copy of Will and follow his advice.

T. Kalaiselvan, Advocate (Expert) 13 December 2023
The Will has to be challenged if produced by the holder claiming the proeprty.
The holder of the Will has to get it probated when the will is challenged.

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