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jagan (engineer)     10 September 2014

Ancestral property inheritance

My father and 2 brothers.  One of my uncle took care of my grandfather in his house for the last  15 years.   In 1980 my grandfather split the property in 4 parts and gave shares to each of his sons and kept a bigger share for himself.  In 1998 he wrote a will leaving most of the properties to his youngest son and said in will that he leaving it to him because this son has took care of him.   When the partition was done in 1980, all the sons did not get equal share.   He has made a will favouring only one son.  He seems to have written this will at his age of 76. Now Is this will valid ?.  can we pursue a case saying the will have been influenced heavily by his youngest son. We consulted a local lawyer, he said that this will is valid because the partition was done in 1980 and that my grandfather has all right to do what ever with this share. 



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 3 Replies

Dr J C Vashista (Advocate)     10 September 2014

Engage a local lawyer, show the document(s) seek his/heer opinion and proceed for partition, if your uncle has not filed  any probate petition, if applied for probate then submit your objections.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 September 2014

Yes. I too agree with  Your lawyer opinion. 

T. Kalaiselvan, Advocate (Advocate)     15 September 2014

Your lawyer is right in his opinion, however, if your suspect the will to be forged or fabricated or has been executed under suspicious circumstances,you may file a suit for partition of the said property too ignoring the knowledge of Will, let him come to the court and prove his Will.


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