Legal Advice

Transferred all property by concealing the Will

Question: The daughter in law of the nephew has transferred all property by concealing the will. Can I challenge that transfer and claim over the property? There are 2 brothers, out of which the 1st brother has 2 sons and the 2nd brother does not have any childrens.  1st Brother is dead and has no property. the 2nd brother has property and belongs to him post his wife's expiration. Suddenly out of 2 legal heirs (Sons) of 1st brother, all property has been transferred to the daughter in law of 2nd Nephew and daughter in law of 1st nephew who was head in the family post her husband's death on seniority and as per Ration card. There was a will made by the 2nd brother (Head owner of property) which was handed over to the 1st daughter in law however it was stolen later on without the knowledge of 1st DOL on the last breath of Property owner.  Now the 2nd daughter in law has transferred all property in her name, and the 1st daughter in law does not have any survival except the only married daughter. Half of the property was made by Head of the family and other half was made by the 1st Nephew who has all details but personal diary of all transactions (No registry/Will paper) Can 1st daughter in law claim for the ownership rights as 2nd daughter in law is threatening to throw them all without any compensation or home.


The second uncle has executed a testamentary will and devolved all property to you. That will is the last and final will. According to the will you are the real owner of all properties. In this situation the daughter in law of the nephew has no right to transfer all those properties to anyone. 

As per the will, you are the real owner. She has transferred all properties by concealing the existence of will. She has committed an offence which is punishable under Section 419/420/467/468 of the Indian Penal Code. You can lodge a first information report against her. 

When she has transferred all properties hence you should also file a civil suit for the consolation of those alienations. There is a will hence, you should file a probate proceeding in the District Judge’s court. Without filing the probate you cannot get property in accordance with the will. 

All those proceedings are essential in your case. You should file all the above mentioned cases simultaneously. Article 137 of the Indian Limitation Act grants three years of limitation period for filing probate. 

Since, the fact of will was deliberately concealed by the daughter in law of your nephew. Hence, fresh limitation will start from the date when the fact about concealing of will is unveiled. Make a prayer for condonation of limitation under Section 5 of the Limitation Act. 

Shivendra Pratap Singh


High Court Lucknow