Onlyson law

2005 act

Dear learned lawyers,

I am a Roman Catholic from Karnataka. My father was entitled to a share in the ancestral property, for which he made a relinquishment deed in favor of his brother. Later on my father's brother made a Will saying that he is bequeathing my father's share which he had relinquished back to my father. But, just before my dad's brothers death, his son forced him to make another will in his favor thus making the earlier will redundant. My father kept queit for 10 long years thinking that he had no claim by virtue of that latest will. Just recently it has come to our knowledge that the latest Will has a forged signature of my dad's brother. Also, my dad's brother's son had not gone for probate which was legally binding for Catholics until 2008. Now with this forgery and not going for probate is there a good chance for my father to reclaim his share of the property back from his brother's son?

Thanks in advance,

Sincerely,

Rudolf R.

you go for the probate of previous will made by father's brother.

Thanks for the reply Chaitanaya sirji!

But, in the presence of a final (forged) will which has not been probated, but property transfered; and also now since probate for Catholics has been abolished would it be the right way out to go for probate of the second last Will?

Your valuable reply will be highly appreciated!!

Thanks!

Sincerely,

Rudolf R.