On the basis of the limited facts known to me from your question, I do not think there may be a need to challenge the will on the ground that it conceals certain (or all) immovable properties. A will is valid or relevant only in respect of the properties which are mentioned therein. You have said that nothing is mentioned in residuary clause also. So, this would imply that whatever other properties are there which are not mentioned in the will are not governed by this will and that such other properties may be governed by the intestate succession (or may be by any other valid will etc., if subsequent, or by codicil, if any).
It appears that you are asking question in respect of your wife and the will in question was purportedly prepared by her father (you are claiming it to be forged). So, if certain properties are to be governed by the intestate succession, then your wife may be entitled to share in property. Even if such other properties are coparcenary properties and if her father died after 09.09.2005, then also she may be having equal right in such property even as a daughter.
Why don’t you show your documents in detail to some lawyer and obtain detailed professional opinion? An opinion given without seeing full documents can only be on general propositions of law.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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