Validity of will on technical ground

As far as I can understand from what you say, your Maternal Aunt died " intestate", that is, without a Will.

Then, as per Hindu Succession Act, the property should devolve in the following order :

1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2. upon the heirs of the husband.
3. upon the heirs of the father, and
4. upon the heirs of the mother

That is, if none present in category 1, it goes to category 2 and so on.

Seems your Maternal Aunt had a son who is still alive. So at that time itself the property should have devolved on him and other Category I heirs as per above.

That is my understanding. I may have misunderstood your query.So as a  preliminary information please see :

https://en.wikipedia.org/wiki/Hindu_Succession_Act,_1956

for more clarity

Coming to the validity of the Will, if the Tehsil records don't show him as the Owner, his will of course should not be acceptable to them, AFAIK.

 

After the death of your aunt your uncle had to be obtained legal heir certificate from the tehsil and had to be applyed to get transfered her property in his name , when the property get transferred only then he was the sole owner of that property and now he can made his will , without following this procedure he cannot make his will .

After the death of your aunt your uncle had to be obtained legal heir certificate from the tehsil and had to be applyed to get transfered her property in his name , when the property get transferred only then he was the sole owner of that property and now he can made his will , without following this procedure he cannot make his will .

Dear Hardeep sir,

My maternal uncle and aunt had no issue. The cousin I am talking about is my mother's sister's son.

Please advice if the said will can be declared invalid if challenged in court.

Dear Laxmi Kant Joshi Sir,

My maternal uncle's name was not in Tehsil land records but he was able to put his name in Nagar Nigam of Varanasi (Uttar Pradesh) after Aunt's death. He was getting regular electricity bill in his name. Can he be declared owner of the property in 2011.

Thanks

My maternal uncle and aunt had no children.

As far as I can understand Wife ( your  maternal Aunt ) and her husband had no children. Wife had  property and died without leaving a Will.  So, as said above, the only Category 1 Heir left is the Husband ( your  maternal Uncle ) . So the property should devolve on him. For the purpose, as said by Mr. Laxmi the proper procedure is first to get a " Heir Certificate " which clearly indicates the Name of the Deceased and all his/ her Legal Heirs ( in this case it will obviously be the Husband as there are no Children ). The Local Tehsildar / DM makes this Certificate and this is quite an elaborate process. Only after that could your maternal Uncle apply to the Tehsil to have the Land transferred in his name. And then Will it as he wishes.

 

Now your Uncle has also expired in 2012. Inspite of this,  the fact of the matter is the Property was his, albeit without any Documentation except for his Will giving it to his Sister's Son. So he did not die intestate and the Will holds. Only the person named in the Will will have to do the procedures in Tehsil now. He seems to have done the same so whatever documentation he gave to the Tehsildar was considered valid and acceptable. 

 

Further, some States require a properly registered Will to transfer Property else a " Probate " has to be obtained from the Court to establish its validity.  That is another elaborate procedure.

 

That is my understanding of the matter. Seniors may please correct/ comment.