Dear Sir/Madam
My grand father passed away at the age of 96 2 weeks ago. He was handling all family properties including paddy fields, coconut fields, rubber estates and lands. He had 7 children. Elder one is a Son, second one is a daughter (my mother) third one is a son (passed away at the age of 22 in an accident), fourth one is again a son, 5th one is again another son and 6th and 7th are twins daughters. At the time of partition all his children were alive and my mother was married and my elder sister was 4 years old. At the time of partition since my elder sister was already born and who was the only grand child in the family one portion was awarded to her too from all immovable properties. Every one was equally given the share, but while doing so, my grandfather has put in a clause that certain immovable properties belonging to him , which were awarded to my mother, will only be available after his death. Even though it was written like that and documents were prepared accordingly, he promised that it is only written like that but there will not be any change in that later.
Years later my elder sister got married and during her marriage my mother's younger siblings brain washed my grand father and make him stand against my mother. Since she received a portion more on her elder daughter's name, all her younger siblings were not too happy. My sister's wedding was in the year 1990. In 1999 my grandfather has written and registered a will in which he altered the properties which was awarded to my mother as per the documents. The portions which were awarded to her titled "only after my death" was changed. My grand father has not aquired any property on his own. Whatever properties he inherited from his grandfather was awarded to my mother as per the documents which he has changed in his will. Further more he has gone to the extend of partitioning his deceased son among the other children. Which was not done in an acceptable manner. The deceased son, who is my second uncle, had properties such as proper land (high value property), coconut fields (less value property) and rubber estate (moderately ok value property). My grand father, under the pressure of his younger children, has given the high value properties among the younger children. My mother and her elder brother (granpa's first child) were given the less value properties only.
My questions are
1. Is there a provision to challenge this registered WILL?
2. He has altered the partitioned documents as I have already mentioned. All the properties which he had altered were inherited from his family (his grandfather). Is he entitled to write and exexute a WILL on property which he didnt aquire (by buying from his own income) on his own? Can we challenge the WILL and make it void?
3. He has altered and partitioned (in his WILL) his deceased son's properties as per his wish. This is not done in an acceptable manner. All of the properties which were given to the deceased son was aquired from my grand mother's mother's properties. My granfather did not inherit or aquire any of those properties. Can we challenge this on the WILL and request for a repartitioning of his deceased Son's properties? Do he have the rights to decide on his deceased son's properties which were inherited from their mother's mother's (great grand mother) properties? The deceased uncle was not married at the time of his death.
I am waiting for a valuable appropriate legal help. Readers and experts please help me with your valuable knowledge.
Thanking you
