Can my uncle create a wrongful will from uneducated grandparents?

Community Forums Legal Advice India Can my uncle create a wrongful will from uneducated grandparents?

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    • #15050 Reply
      Urbanninja4455
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        Urbanninja4455
        PARTICIPANT
        April 14, 2025 at 11:19 am
        **Backstory:**
        We live in the city, but we have a farm and an ancestral home in our hometown. My grandparents live there along with my uncle and his family. We’re still a joint family (no division of property), and it will likely remain that way as long as my grandparents are alive. My uncle has been farming the entire ancestral land for the past 25 years, alongside my grandparents.

        However, our relationship with my uncleโ€™s family has taken a downturn recently over petty issues. Iโ€™ve tried to stay patient, but things got worse when my cousins sold a small piece of land without informing us. My dad tends to overlook these issues since my grandparents still want to live in the village. We visit them frequently, but my uncleโ€™s family often makes our time there quite difficult.

        My cousins arenโ€™t exactly reasonable people. They didnโ€™t complete college education, so the property is all they really have. On top of that, they work as “dealers,” often misleading people under the guise of helping them resolve government-related issues.

        What can I do to safeguard my interests in this situation?

      • #15051 Reply
        Ramanguru868
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          R
          Ramanguru868
          PARTICIPANT
          April 14, 2025 at 12:32 pm
          Since your grandparents are there with your uncle, there’s nothing stopping him from cajoling or even forcing a will out of them, while they’re alive, or in even more devious cases, forge them.

          The only sure fire way to safeguard your interests is to ask your grandparents to settle all self-earned properties of theirs and you or your father can file a partition suit for the ancestral properties.

          Sure, a less drastic step would be to get them to prepare a notarized will, with all proper procedures (drafted by an advocate), and have it registered with the Sub-Registrar’s office (of your area). However, this isn’t foolproof, to my knowledge, since as I said earlier, a more devious mind can forge documents and generally complicate the entire field by dragging it to Court later etc.

          Though I am a lawyer with some ~6 years of experience, my main area of practice is not the Civil side, so though I know that my advice above is sound, there may be more nuances and options that I’m not aware of.

          My suggestion, as is suggested on nearly every post in this sub, is to approach an advocate that specialises in civil law to work out your options and execute them.

          • #15052 Reply
            Urbanninja4455
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              U
              Urbanninja4455
              OP
              April 14, 2025 at 1:41 pm
              Thanks for reply. I don’t have any experience with court. How to find good lawyer? How to know if someone in qualified for the job?

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