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Sarath (NA)     11 August 2014

Destruction of the original will - how can law help my uncle

My Grandfather has left an unregistered will on the name of my Maternal Uncle. However, He passed away and the Original will was left with one of his daughters as the Son[my Maternam Uncle] was working away from home in Chandigarh. The house in context is in Hyderabad, AP. Now my Aunt has destriod the will and got a new will created with the help of my granny [who is no more now].

The new will states that the property should equally be shared among 3 children. House is purchased solely by my grand father. My grand father has one son and two daughters. Additionally, 1 of the daughters is my mother. Currently the case is filed in the court. I need to know which will would be applicable and what are the chances of my Maternal Uncle winning the case?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 August 2014

court will enquire and gather evidences of originality of WILL and give a judgement. 

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Kumar Doab (FIN)     11 August 2014

As per your post the Grandfather was sole owner of the property implying it attained the status of self acquired................................and that NO WILL signed by him exists.

It is believed that deceased owner was Hindu and Hindu Succession Laws shall apply.

ClassI legal heir for Hindu Male dying intestate are: Spouse, Children.......................

Thus all shall succeed and share the estate equally.

The WILL left by Grandmother pertains to her share only and her share be divided amongst the beneficiaries as in the WILL left by grandmother.


You may seek help of local lawyer dealing in such/revenue matters. 

  


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