Sukhraj
(Querist) 17 June 2015
This query is : Resolved
Dear expert My father has3 brothers and one sister. My father is the eldest and lives separately from my grandfather. Recently my grandfather expired and the registered will was opened. In the will it is written that it is his third will. the reference of the first will and the date on which it was registered has been mentioned . but the reference of the second will has not been mentioned. It is also mentioned that the first will so and so is annulled in light of the third will but no refence is given to the second will. As my father and one of his brother who also lived separately has not inherited a penny from his will. They believe that the third will is not authentic and the beneficiary of the third will are deliberately hiding the second will and its reference from them. My questions are Can we get the copy of the second will from the court without any reference number and date Can we challenge the third will on the basis that the reference to the second will and date on which it was registered is not mentioned in the third will, although it is clearly stated that it is the third will.
Sukhraj
(Querist) 17 June 2015
Please answer my queries as soon as possible
Rajendra K Goyal
(Expert) 17 June 2015
A person can change his will as many times as he wish. Registration of will is not necessary. Will can be challenged on other grounds, if exist. The ground that reference of second will (if any) was not given in last will has little merits for challenge.
Guest
(Expert) 17 June 2015
No bar in challenging the will, provided you have proof of any illegality.
malipeddi jaggarao
(Expert) 18 June 2015
Agreed with the above experts. Why do you harp on second will. What are all the contents of the third Will those would prevail. Whether the contents of third will are clear or not is to be seen. If the second will is also registered, you can find out the date between the first one and third one by searching the records of Sub-Registrar. You apply for searching records or hand-over to a local advocate for this purpose. Once you know the number and date, you can obtain a certified copy and verify the contents.
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