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Priya Sharma (None)     05 November 2011

Son has registered will but his sisters are disputing

Hello Lawyers,

I really need your help! My Grandfather had created a "registered will" willing his house to his son (my dad). He has also mentioned in the will that all his daughters are happily married and he has done a lot for them in their marriages and that now he wants to leave his house to his son. He had gone to the "tehsil" to create this will in 1999 a couple of years before his death. This will was created in front of a magistrate with 2 witnesses present.

Now my father wants to sell the property (for his incredibly high medical expenses)  but his sister's are creating problems. They have filed a case against him "falsly alleging that my father is selling the house against their wishes" and are claiming their share. They are also claiming that my grand father was "mentaly unstable" in the last few years of his life .. which is again a lie as he was totally sane and still working, going to meeting etc till his last day!! They have also attached a copy of a previous will (which seems very fake ) which was created a few years earlier to the one that my dad has and in that will my grandfather has willed the propery to his wife (my dad's and his sister's mother, who is now dead too). But this Will they have attached is seems unregistered and also a dated 3-4 years before to the one my dad has.

What are our rights? We are very scared and they are very powerful people will money and political contacts. Also we don't want to be stuck in litigation for years and years as my dad is very sick and needs urgent medical care and also we dont have money to spend on litigation.

Please advise!!

Priya

 

P.s. This house is not ancestral property. It was bought by my grandfather with his earnings. One of the 2 witnesses for the registered will is dead and the other now lives abroad. Also do we need to probate the Will even though it was created in the tehsil in front of the magistrate?



Learning

 16 Replies


(Guest)

Very dicey matter. Best deal: Get a very good lawyer.

Bharatkumar (ADVOCATE )     05 November 2011

your WILL is registered so u r don't worry and if their WILL is fake so u file a criminal case against them and file a civil suit against them and verify the signture of WILL .  


(Guest)

will has no effect untill the life of the testator ends.  So proceed  with as per law.


(Guest)

Ganeshan is right. Forgery case can be filed but no point.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 November 2011

even otherwise last and registered  will be legal.

kumar t v s (advocate)     05 November 2011

If a case is filed you have no alternative but to contest the matter in court.

 

According to the facts stated, you have a very good case and can get an  order in your favour.

 

Since you have a registered will the burden is on the other side to disprove the will. If it is possible to get an affidavit from the NRI stating the facts will also help your case. 

 

You have a good case FIGHT IT OUT.


(Guest)

Will doesn't require any proof.Its something more than a dying declaration. However this to can be contested if CASE MANAGEMENT is done properly.

R (none)     06 November 2011

Thank you everybody! Just to clarify some points:

1. My Grandfather created the will and he died several years ago.

2.  The sisters have attached a will created 8 years before his death and my dad has a registered will created 3 years before his death.

3. The sisters are claiming that my grand father was mentaly unstable since 3-4 years prior to his death.. i.e they are trying to say taht the will my dad has was created by by grandfather when he was mentally unstable but the will that they have was created when he was sane... we are trying to contest this also because my grandfather held high positions in several institutions and also a part time government job till his death. he was old but totally sane.

We will totally fight this case as we are right but just scared that we might face foul play as we have heard they have hired a very unethical lawyer.

I also have another question.. can my father gift this property to us?


(Guest)

Priya: Full and final will matters whatever allegations of his mental imbalance. They cannot prove it and if he became insane while they were talking to him two months before his death why didn't they use the Mental Health Act 1987 which requires mental imbalance to be proved withing 20 days by two doctors one appointed by your sisters and the other appointed by the court which they never moved. Apart from losing the case , they'll face further trouble if they hire an unethical lawyer. Yes the father can gift his property  to you, in fact even to Barack Obama if wants.

niranjan (civil practice)     06 November 2011

In last will there will be mention that if any previous will if found is treated as cancelled,so do not worry about that fake will and particularly when the last will is registered.No matter if the witnesses are dead,the will can be proved from the record of the registrar,scribe etc.If father's sisters have filed the suit,in that suit have they challenged the will?In that case if they have challenged the will, they will have to prove it but at the same time burden will be on you also to prove that the will is genuine Pending litigation,your father can gift the property,but donee will be bound by the judgment of the court..
 

R (none)     07 November 2011

Thank you for your replies and great advise. This information really helps increase our level of understanding and hence gives us strength to go thru with it.

His sister is trying to get the court to stop my dad from selling the house. They have written in the notice that he should be stopped from selling the house. My biggest fear is that the court puts some kind of stay or injunction on the house and then we cannot sell it when we want to and use the money for my dad's medical treatment :-( Is there a way to avoid this?

Daksh (Student)     08 November 2011

Ms.Priya,

The moot point is as and when the will could get probated.  Once the proceedings start everybody will get a chance to put forth his/her point of view before Court while objecting and supporting the probate petition.  Last but not least there is no estoppel that by the leave of the Court still your father could create a third party right keeping qua his own undisputed share immediately for meeting medical expense.  It is advisable that you move an interim application along with the probate petition.

Best Regards

Daksh

R (none)     06 December 2011

Hi, Just an update, after we replied to them with our registered will and declined their clams, now they have come back saying that our grand father must have been created under pressure or fear and they also say that he was not totally in his senses when the will was made. So basically they are saying that their earlier and unregistered will is true and out will should not be considered as their father must have created it in state of insanity by pressure by by father.

R (none)     04 January 2012

We are still awaiting the court date.. can my father register the property in my mothers name before that?


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