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satya   25 November 2021

Will

Hi, 

This forum has been very supportive to understand the legal norms. Thank you for clarifying the issues via this forum. 

I have a query and hope to seek a clarification on this

My Grandfather has 2 sons. Both the sons together have written a Will about the partition of my grandfather's property. This Will was clearly written in 1994 about who will get what side of the property and all other details. The Will was signed by both the sons (my dad's elder brother and my dad) and was countersigned by mother and my grandmother. Based on this my dad has registered the same property on my name before he passed away. 

Now, my dad's elder brothers son is claiming that these documents (Will and the registration document) cannot hold any legal stand as they were not countersigned by any external people and was only signed by immediate family members. He is asking for a fresh partition and then to register our properties separately. He claims that the elder son should have more property than the younger ones therefore, he is claiming a part of our property? Is this legal?  May I know how much of a legal stand do I have on this? Whats the best thing to do in this situation?

Thanks in advance 

Best,

Satya



 1 Replies

Dr J C Vashista (Lawyer)     28 November 2021

Facts posted are vague and not clear to form proper opinion and oblige.

Consult a local prudent lawyer for proper appreciation of facts / documents and professional advise.

Being beneficiary of the will i.e., both the sons should not have signed the will.


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