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property dispute over will signed by cheating

Software Engineer

We have an house of worth 1 to 1.5 Cr in Haryana, the house was on the name of my grandma
she unfortunately passed away few days back.
 
My father had 2 brother one is younger and other is elder one. The younger brother has taken signature over an will of my grandmother.
The will claims following:
1. 25% of share over that house is to my younger uncle.
2. 25% of share over that house is to the son of my younger uncle.
3. 25% of share over that house is to my mother.
4. 25% of share over that house is to my elder uncle.
 
My grandmother was not educated and will is in English, signatures of my grandmother are in hindi.
Can we take any legal actions against this cheat??
 
Kindly suggest some legal actions we can possibily take.
 
Thanks,
Amit
 
P.S:  My father have also passed away, about 4 years b4. Need to take care of suggetions to take care of this situation by my self..
 
Reply   
 
Advocate

First of all, the question that can be paused is as to whether the property was acquired by your grand mother from her own income, or that your grand mother also derived the property from your grand father, or such other family source?

 

If, it was not a self acquired property of your grand father, then such property becomes the "joint property". There is a difference between the "joint property of the Hindu Undivided Family" and "Self acquired Property". Self acquired property can be willed away and given to the beneficiearies named, but the will for the "joint property" can not be made. 

 

You will have to keep this distinction in mind. Now assuming for the time being that your grand mother acquired the property own her own and from her resources, without the contribution of his family members, or elder, then she has a legitimate right to make a will preferring the beneciaries. She may prefer to give to anybody, or she may set it to fire. It is her individual discretion. 

 

Now, it appears that she has specified the share of each beneficiary, and therefore, one has to accept the will as it is, provided it is a self acquired property. The allegation that her signature was obtained by coercion etc.. is very difficult to prove in the Court. It is easy to make an allegation, but difficult to prove. A will can be made in any language. Making of will in english may not be fatal. It is admitted by you that your grand mother signed the same in english. 

 

You may scrutinise the will and confirm as to whether the will is attested by two witnesses. If the will is in fact attested, the witnesses will definitely give the evidence in the Court that such will was prepared and executed in their presence and upon request, the will was attested by them.

 

Now, another facet of the case is that assume to the effect that it was not a self acquired property, but belonged to Hindu Undivided Family. In such case, your grand mother was not legally permitted to make out a will of the property that belonged to Hindu Undivided Family property. If it was a joint property at the time of her death, you have some case to challenge the will on the ground that the will was not permissible under the existing provisions of law, and therefore, the will should be set at naught. You ask the court for a relief to distribute the property amongst the legal heir and or the immediate decendents.

 

Hope, this resolves your issue in mind.  

 
Reply   
 


Software Engineer

Thanks for the quick reply Hemang.

Answer to your queries:


1. My grandmother has sighned the will in Hindi not in English,

2. This property does not has a registery, it has an power of attorny which was on the name of my grand mother transfered from the privious owner of the property. And this property is around 30 year old.

3. It was purchased by joint contribution of all the family member.

4. The will is attested by two witnesses.

 

What do you think is the scope of fighting for it in my situation.

Thanks a ton for helping me out :)

 
Reply   
 
Advocate

Shri Amit, 

if the property is joint one the grand mother can well will it away to the extent of her share , please remember that  burden of  proving the will as genuine lies very heavily on the propunder of the will ,  it appears that there are primafacie circumstances to discard the will ,in the circumstnces ignore the will and file a suit for partition of the property claiming your share therein ,it is for the otherside to prove that the will was genuine, it is last  and final will ,and was consciously done, the maker had a capacity to make it  it is natural, and finally that it is free from any sudpicious circumstances ,and  any doubts defeating the will 

 
Reply   
 

HI, I accept with Mr.Hemang and Mr.Pandya.. Many thanks,
 
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