About will

1) Can the father do so after his death by means of a WILL, where he states that his undivided share of the property to be give to his son alone?

Yes

2)  Does a dead Father get his undivided share of the property in the first place ?

Yes he can do so during his lifetime.

3) Secondly when the property is not yet  divided among the Father, his son and daughters, How can the FATHER state in the WILL that his share be given to his son?

Yes

4) Does the Father have a right to cliam his share from his WIFE's  Ancestral property,  when he has deserted his WIFE and children at a very  young age and didn't take care off the family?

No

5) What is the Right procedure to write a WILL? Pls suggest me some website for the relavent information.

Consult a lawyer or do the relevant search

6) How can the Legal Hiers of the WILL verify that the WILL was written under right circumstances using proper procedure?

By asking the testator

7) How can the Legal Hiers check, if the ADVOCATE  who had assited in writting the WILL, has not manipulated any point and favoured any Particular Hier of the property?

By asking the testator

8) Can the UNDIVIDED share from the ANCESTRAL property under dispute and the undivided share from property without dispute, be solded to a 3rd party by some of the LEGAL HIERS (not all of them) ?

Yes, undisputed property can be sold.

9) What are the GENERAL Circumstances in which the WILL can be proved FRAUDULENT? 

Depends upon facts of a case as there are many circumstances.

hello Archana Madam,

  Thanks a lot for your quick and clear reply.  Have some questions following your answers.

1) Who is an TESTATOR? Where can i find them?

2) I didn't understand when you say that my mother's undivied share from the property under dispute can be sold to any 3rd party. My uncle, his lawyers and some other laywer in the court (where i have filed the case) have warned us not to sell the property under dispute. If done so, then we may have to face Criminal case for doing Fraud. Is this point true as suggest by some of the lawyers. Pls clarify.

3) As the WILL writen by my Grandfather favours my Maternal Uncle, who needs to Probate the WILL? What are the points under which we can challenge the WILL, in our case alone? Any suggestions?

With Regards,

gaayathre.

1) Who is an TESTATOR? Where can i find them?

A testator is the one who executed the Will. Will can be verified from the testator himself during his lifetime. After his death such things can be verified from the sorrounding circumstances that wud make the will appear suspicious.

2) I didn't understand when you say that my mother's undivied share from the property under dispute can be sold to any 3rd party. My uncle, his lawyers and some other laywer in the court (where i have filed the case) have warned us not to sell the property under dispute. If done so, then we may have to face Criminal case for doing Fraud. Is this point true as suggest by some of the lawyers. Pls clarify.

Undisputed property can be sold by your mother. The property in dispute cannot be sold if any stay is granted by the court, otherwise it can be sold with mutual understanding by all heirs.

3) As the WILL writen by my Grandfather favours my Maternal Uncle, who needs to Probate the WILL? What are the points under which we can challenge the WILL, in our case alone? Any suggestions?

Probate is required in selected cities only and not everywhere. 

Probate is not required in all the cities. It is reqd. in selected cities only.

I will not give any suggessions in respect of challanging the Will without being aware of all the relevant facts which are currently not before me.

Just now I read a long list of queries regarding WILL and your replies to it. This has encouraged me to write about my matter which is as below:

My cousin (IInd uncle's son)  filed a Petition for Probate many years ago for my lone eldest uncle's share in property. After receiving Citation from Court, my father opposed it and it became a Suit-my father a Defendant. Lots of ding-dong happened between our two families for a long time. When the witnesses were summoned for their statements, they did not come forward. However, one witness gave statement regarding Testator's signature which goes against Petitioner, but then matter never came on Board during that period of time. 

Without our knowledge, matter suddenly came on Board a few years ago, no one was present from Plaintiff or our side so It was Adjourned. Another date given, again no one was present. On 3rd date, Judge continued in absence of parties and gave Order - " It seems Petitioner is not interested in hearing, Probate Petition Is Dismissed and Suit Stands Abated".  Unfortunately, we were not at all aware of this Order and when I came to know about it few months ago, my father had already passed away. My cousin was not doing anything at all to bring my name on Board inspite of repeated reminders.

All along, my deceaced uncle-Testator was informing me about the cousin's all sorts of dirty games to grab the property which was created by him and my father and was also telling me not to worry-only your family will get the property. 

Now you are requested to advice and guide me what should I do to prevent cousin from playing some other dirty game for his ulterior motives? He can not be trusted at all for any thing.

Regards,

Brigukumar.