Will (unregistered) executed with one of legal heirs

Kailash Joshi (Querist) 31 October 2014 This query is : Resolved
One of Legal Heirs claim that their exists WILL (unregistered) however, when asked to produce copy says that the Advocate advice the same cannot be produced now.
What recourse do the other legal heirs have, in such case if the former denies the availability of WILL.

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Devajyoti Barman (Expert) 01 November 2014
Be elaborative on your query.

Please indicate whether the heir claims such Will in a pending legal proceeding.
If yes then inform the nature of suit and its current status.

Rajendra K Goyal (Expert) 01 November 2014
Heirs should file suit for partition.

Kailash Joshi (Querist) 01 November 2014
Sir, Thank you for your response and would like to add as follows:-
The legal suit has not been filed, however during discussion for amicable settlement, one of legal heir is claiming of WILL being their.
However, does not want to bring it on record as the although WILL has details of all the properties acquired by deceased. However as per agreement most of properties stand in joint name with the spouse and some in joint name of one legal heir who have collided with.
Now, they don't want to show WILL as the in absence of same the Property standing in name of deceased on records or if co-owned the only portion co-owned will need to be partitioned.
Thanks in aniticipation

ajay sethi (Expert) 01 November 2014
if legal heir claims existence of will he is bound to produce the same . if he refuses to produce court may draw an adverse inference that no such will exists as mentioned by legal heir

ajay sethi (Expert) 01 November 2014
file suit for partition . if legal heir wants share as per will he will have to produce the same before court

malipeddi jaggarao (Expert) 01 November 2014
If partition suit is filed, the Will come out automatically.

K.K.Ganguly (Expert) 01 November 2014
1. File a partition for the property immediately,

2. Will without prabate has no better value than a scrap paper.