"Contents in yhe last WILL"

Querist : Anonymous (Querist) 18 August 2010 This query is : Resolved
we were 4 brothers and 5 sisters, one of the sisters who died recently had earlier claimed her share in parental property by challengeing mutation in 1994 in revenue court, mutation was done in records in 1977,
now she had withdrawn her case in oct 2009, in the civil court again she filed the suit claiming her share in parental property and made an appeal that she had not withdrawn her case infact it was fraud by his brothers,by makeing fake sign of her.(obviously ,this is false) actually her children forced her to filed the case again she had withdrawn as its very huge property. now, she had written 2 wills 1st WILL is registered and is with her children. the 2nd WILLis in the last will that is there with her brothers in which she has divided her property amongst her children and had admitted that she had withdrawn the case against her brother and she does not want any share like her other sisters who have release their rights in parental property by registered released deed but the sister who died had not registered a release deed but insted had mentioned about releaseing her right in her last will which is duely signed and thumb impression is also given but not a registered will. what do you think the declaration made by her in last will regarding releaseing her rights in property will be considered by court. her childrens are now claiming their share after her death. kindly , provide me with your valueble inputs.

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adv. rajeev ( rajoo ) (Expert) 18 August 2010
Always latest will be prevailed.

s.subramanian (Expert) 18 August 2010
The last of all the wills alone will prevail and be enforceable in law.

Y V Vishweshwar Rao (Expert) 19 August 2010
I agree with lrd friends that last will Deed executed by testator will prevail - provided that the Will Deed is valid and proved before the Court and the Children of Sister can dispute the Will Deed.

virender (Expert) 19 August 2010
if the last will did not mention that the previous will is cancled tahn it is dificult to prove the execution of second will moreover will is alwyas a disputed document which can be challenged inspiti of its registartion or without

Devajyoti Barman (Expert) 19 August 2010
Yes, the last one will prevail. But at the same time only its valid execution will establish its legality.

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