rohit verma 18 March 2018

to Challenged a registered Will become fraud.

my grandfather having four son . MURARI is eldest one.i live in Hindu joint family. MURARI uncle having no child.his wife radha bring a girl child from her relative against the decision of murari uncle. the girl child sita taking a decision against murari uncle and doing love marriage in different caste in 2010 hiddenly. MURARI uncle knows about that marriage in 2012 and taking a step against sita .he canceled all rights of sita from his property and gazzeted in local newspapers. and making a registered WILL also for his wife and his brother's son ravi and rahul and also write a statment against sita in a WILL. but his wife radha expire in dec 2012. after her death murari uncle live with my family and caring them. in 2015 sita prepare a another WILL document in her favour by murari uncle emotionally and forcefully. In a WILL MURARI uncle declare that all my movable or immovable property for sita and says in a WILL I married happily sita verma from such person manoj sharma after my death sita is a owner of his property. point noted in a WILL sita is not his genuine child and not registered document related to her birth. also the age of Murari uncle in Will declare 74 years but in 2017 age will be 67 years according to the high school certificate of murari uncle. one of the witness in a WILL declare a notary document against Will and says that Will prepare forcefully. another witness is relative of manoj sharma. hence are we challenge that will for this ground become fraud .because our ancestral property of grandfather is also include and sita daily dispute with manoj sharma in our joint family house.plz help me

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Vijay Raj Mahajan (Advocate) 18 March 2018

Firstly, is your Murari uncle dead or still alive? Secondly, the ancestral property of the grandfather that has all the joint family members, namely sons and daughters etc. as coparceners why have not yet asked for partition of the property of the joint family property? Thirdly, what you are looking here in this form?

rohit verma 18 March 2018

Murari uncle is dead in 2017. Grandfather is also dead and make registered WILL in 1988.for each and every four son equal parts in his house.and one daughter lalita is alive now and live in mathura. Our family member is decided to Challenge the Will of sita done by murari uncle.because sita is unadopted child girl and no registration of adoption . The real parent of sita is living in delhi now.manoj sharma is criminal and so many cases are held in court against him.section 307 ,452,504,506,323 is one of the cases.plz help me how we are check to our house.

Vijay Raj Mahajan (Advocate) 18 March 2018

The Will of uncle Murari has to be probated and so the original registered Will you got should be presented in the Civil Court for probation. The list of heirs of the deceased uncle Murari should not mention name of Sita as she was dis-inherited by Murari, moreover she was not formally taken in adoption as for that no registered adoption deed exists, so that the said Sita will not be sent any court summon.

In case she comes and challenge the original registered Will of Murari you got and present her Will for probation, you can always challenge it. The onus to prove genuineness of both Wills lies on the parties presenting it for probation and court will decide this.