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Indian Law/Fake will made by my Uncle


Hello Sir,
We are two sisters from our parents, my father had a land in his name, but 3 months ago he expired without making any will, legally my mother is the owner of that property and she wants to sell it off, but suddenly one of my uncle came up with a Will which says my father have done this property in his name, which is absolutely not possible. Because my father never loved that Uncle even he used to hate him because of his greedy nature.
Can you please tell us what can be done legally in such case?
I will be highly thankful to you.


The validity of the Will can be challenged on any of the following grounds:

1 A Will must be in writing and signed by the testator or by someone else in his presence and two witnesses, who must also sign it.Preferably, one of the witnesses be a doctor.

2. That the testator had not intended to make a Will.

3. That he did not have sufficient capacity to make a valid Will because of mental illness or because he was under the influence of alcohol, drugs or medication.

4. That the testator did not approve the contents of the Will. The court may become suspicious on this ground, if the main beneficiary under the Will prepared it.

5. That the testator had been unduly influenced by a third party to make a Will as per his desire.

6. That the Will was forged.

7.That Will have been revoked by the testator after making it.

There is no statutory time limit to challenge the Will.

In view of the above, you may challenge the validity of the Will on  any/some of the above grounds by engaging a suitable advocate.

However,decision of the court will depend to a large extent upon evidence and arguments of your advocate.

If the challenge is successful, then the testator's wealth will be distributed in accordance with the Hindu Succession Act, 1956 or such other applicable laws.  

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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