Unregistered fabricated will

Challenge that will in a court of law.  consult an experienced lawyer who have reputation in this type of cases. You have to prove that the will is a fabricated one in the court.

Will has to be probated from the civil court for get it executable, The court will get all the objections from all the heirs of the deceased testator and at that time you will file all your objections with regard to the genuineness or falsehood of the Will as the case may be. The court will decide this issue first and if the Will is found to be false, it will not probate it and the property of the deceased is then transferred by way of law of inheritance applicable to parties.

WILL by Lunatic, insane persons should be invalid.

Every person of sound mind and not a minor can execute a will.

Or in other words the testator should have a sound disposing mind.

A person (testator) owner of property that is of sound mind can execute a WILL before he/she breathes his/her last breath, before leaving this mortal world. 

Thus a person must have Testamentary Capacity to execute a valid WILL i.e. the legal status of being capable of executing a Will.

In other words; person’s full sense and mental sanity to have confirmed and signed the Will and having understood what assets is being disposed and in whose favor and IT’s repurcussions.

GO thru:

THE INDIAN SUCCESSION ACT, 1925

59. Person capable of making wills. -Every person of sound mind not being a minor may dispose of his property by will.

Explanation 3.--A person who is ordinarily insane may make a will during interval in which he is of sound mind.

Explanation 4.--No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause that he does not know what he is doing.

https://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf

Check on degree or status or diagnosis by Neurophysician, Psychiatrist on cognitive functions and ability to make informed decision.

You are alleging suspicious circumstances surrounding the WILL.

The WILL can be contested.

Show all record to a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters and having a successful track record.

It is believed that all involved are Hindu.

Confirm!

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

If WILL has surfaced then Process of ' Testate Succession' requires submission of certified copy of WILL, death certificate, legal heir certificate....................and authority may ask for NOC of legal heirs (other than beneficiary) and/or newspaper publication asking for Objections if any and/or may write to legal heirs to submit Objections if any…in a set time…………

If there is NO Objection authority may mutate the property in the name of beneficiary.

If there Objection authority shall not mutate the property in the name of beneficiary, and WILL may land up in Probate Court of Pecuniary Jurisdiction………..

Any legal heir can apply for legal heir certificate/affidvait per proecedure/precedence and submit all requisite docs to O/o Authortiy under proper acknwledgment ...........

And even submit the objections (Aitraj) under proper acknowledgment.............

Regarding your requirement for citations................

Search court websites, Indiankanoon,Google, LCI judgments section,............

Prior to that Act before O/o Authority ASAP..........and approach your own LOCAL counsel ASAP as already suggested above...

Shri Kumar Doab's reply is so elaborate that it should clear all your doubts.     

Besides try to file a Complaint under Section 467 of the Criminal Procedure Code.

Just because a person was suffering from depression and dementia does not mean that such person cannot enter into contract or execute a will.In disease like organic mental disorders, like dementia in alzhemier's disease and mental disorder like  epilepsy etc, there is a period known as lucid interval, and if such will was executed during lucid interval, it will be a genuine will, which can be clarified by the surrounding circumstances.All these can be proved at the time of probating the will, during which you can challenge the will.