after the death of my grandfather my maternal uncles have produced a will bequathing all his assets to his sons without the knowledge of daughters. At the date of will my grandfather's age was 85 and immediate before and after making the will he was hospitalised. The witness of the will is one of my uncle's son-in-law. How to prove the will to be invalid? what steps should the daughters follow?
The dauhters should collect all the medical certificates pertaining to their grand father and they should first prove that he is not in position to execute a will. They must collect all these materials before launching any legal proceedings
Does hospitalisation and aged a ground to hold that the grandfather was unsound at the time of making the will? I dont think so, as even Explaination 2 and 3 of section 59 of the Indian Succession Act of 1925 claerly lays down who can make a will. Unless there is clear indications that the grandfather was suffering from unsoundness of mind and that he does not know what he was doing at the time of exececutio of the will, it will not be proper to question the will. Moreover the right person to clarified the circumstances under which the will was executed is your uncle's son who is the witness to the will.
during the age of 85 years in hospitalization before and after the excution of the will is sufficient to cast darkness/clouds over the alleged will. Hospital record shall can even clearly show that the scriber of the will was not in a fit position to make free mind will. Even witness seems interested so it is better by daughters to file a suit for partition of the property and in defence their brothers shall bring the will which can be chellenged in replication.