Declaration Suit on Unregistered Will & Probate Suit
1 year ago
1) My Grandfather executed an Unregistered Will in 1994, in favour of my father mentioned that he has already settled all his sons and daughters in his lifetime.
2) My Grandfather died in 1995.
3) In 2013 my uncles and aunties filed a Partition Suit.
4) My father Counterclaim mentioned that he is the owner of the house through Unregistered Will.
5) My uncles and aunties object it but never challanged the Unregistered Will.
6) In 2015 my father executed a Registered Will in favour of me and my brother.
7) In 2018 my father also filed a Probate Suit with the affidavit of attesting witness and submitted the Unregistered Will in the court.
8) One of the attesting witnesses died, another attesting witness is very old(Age 79 Years).
9) One of my uncle object the suit, but never challanged the Unregistered Will.
10) One of my uncle is living in the property all other uncles and aunties are settled in other states but Power of Attorney given to one uncle who is looking the case.
11) Now in December,2022 my father died.
12) I and my brother filed substitution applications in both the Suits.
Please advice.
According to Hindu Succession Act it is not necessary to register the will legally. So as your grandfather had already put the property on your fathers name and your father also had given you property then legally it your and your brother property. As your father died but he registered the will in which property is in your favour then your Uncle can't claim for that.
Hope, it is helpful