Regarding my mother's will dated 24.02.2005
Vinay
(Querist) 11 July 2017
This query is : Resolved
My mother had made a WILL dated 24.02.2005 declaring her 3 sons as the legal heir of the property(leased for life long through co-operative society in Uttar Pradesh) and no claim of what so nature to made by the 2 sisters and father was give life interest with no authority to do any thing with the property and the land. The WILL was not registered nor probated. Mother died on 01.01.2010 and the contents of the WILL were informed to all the brothers and sisters. Father submitted the copy of the WILL of my deceased mother in the office of the co-operative society in September 2010 declaring the sons as the legal heirs and continued to be the nominee in the records of the cooperative society and he continued to stay in the house till his death. After the death of my father on 26th March 2017, my younger sister came out with another WILL declaring it to be signed by my mother in the year 2009 on 5th. November - this new WILL states that after the death of our mother, our father would become the owner of the property and after his death, my younger sister would become the sole owner of the property. This new WILL is also not registered nor probated.
I would like to the following:
1. What is the status of my mother's WILL dated 24.02.2005 which was executed and acted upon by my father before his death by submitting it to the office of the cooperative society under his signature vis a viz the new WILL which my younger sister has produced very recently i.e. 22.05.2017.
2. What is the standing of the new WILL which was produced by my younger sister? My father was silent on this new WILL till his death - nobody knew about it's existence. It only surfaced after his death, i.e. 22.05.2017
2. What would be standing of these two WILLs one dated 24.02.2005 and the other one dated 05.11.2009 in the court of law?
Your expert guidance shall help us to take a well informed decision.
Regards.
Vinay
P. Venu
(Expert) 12 July 2017
It is the settled law that the later WILL prevails over the earlier ones. The only question is whether it is a valid WILL, which only a Court of Law can decide. Other aspects mentioned are irrelevant.
Kumar Doab
(Expert) 12 July 2017
Did the society obtain NOC from all legal heirs including the said sister that is agitating now, before/while acting upon the 1st WILL?
Kumar Doab
(Expert) 12 July 2017
Agreed with Mr. P.Venu.
Latest valid WILL prevails.
The delay may arouse suspicion and other legal heirs may agitate on valid grounds and probate court of pecuniary jurisdiction may decide the matter, on merits.
Advocate Bhartesh goyal
(Expert) 12 July 2017
Yes ,it is settled principle of law that latest will prevail over the earlier ones but it createsl doubts and suspicion why younger sister produced this will dated 05 11 2009 in office of society so late [ seven years ] after the death of mother whereas father submitted will dated 24 02 2005 on sept 2010.
Rajendra K Goyal
(Expert) 12 July 2017
Registration of will is not mandatory.
In case there is more than one will available, latest would prevail.
Kumar Doab
(Expert) 12 July 2017
Has the said sister signed NOC or did society involve said sister while acting upon WILL?
Vinay
(Querist) 13 July 2017
Sister has filed a declaration suit with mandatory injunction seeking the possession of the property on the basis of the new WILL dated 05.11.2009
Kumar Doab
(Expert) 13 July 2017
The WILL is acted upon after death of testator.
Did sister sign any NOC or did society involve sister while acting upon WILL.
Kumar Doab
(Expert) 13 July 2017
It is not mandatory to probate the WILL in UP.
Download society rules on matters of Testate Succession and its compliance.
Vinay
(Querist) 13 July 2017
Kind attn. Sri Kumar Doab,
Thanks for the reply.
Yes, the WILL of my late mother has been acted upon on 04.09.2010 by my father by submitting it to the office of the society.
No NOC was given by my sister nor society involved her at the time of executing the WILL by my father at the office of the society on the said date.
Kumar Doab
(Expert) 13 July 2017
Go back to first posts in the thread.
Court shall decide on merits.
Kumar Doab
(Expert) 13 July 2017
Could you download the society rules and relate!
The sister does have a genuine WILL or she is pressurized.
Court may not like that one does not come to it with clean hands!
Vinay
(Querist) 14 July 2017
Thanks to all experts for providing their opinions in the matter
Kumar Doab
(Expert) 14 July 2017
Dear LCI Querist@ Mr. Vinay,
Your have responded and thanked per first posts in this thread to which you were referred.
Kumar Doab
(Expert) 14 July 2017
Dear LCI Querist@ Mr. Vinay,
You are welcome.
