Dispute of property on the basis of will

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
Sir,
I am the only son and 5 sisters. My grand mother ( mothers mother)is the leaseholder of a property. Which she was purchased the leaseholde rights. first she has made a registered will in favour of her daughter i.e my mother . Afterwards she has finally made a registered will in my favour and after her death as per the final will my name is entered in property records and from 1996 to still today i paying the tax and other expenses of the property. and afterwards i purchase the holder rights from the math. Now from the instigation of my 5 sisters my mother has filed a suit against me that i have entered the property in my name in the records with the help of false will. but the witness is herslf and the will is registered. the orginal will is with my mother. i obtain the copy of will from the sub register office. the other 2 witness are present and they will tell the matter to the court.
please advise me, in this case.

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prabhakar singh (Expert) 08 November 2011
You will have to prove your will.As you do not have the original you will have to move an application in the court case going that
the original is in the custody of the mother her self hence the same be summoned from her
when she denies and does not file then you shall file the certified copy in the court for admission as secondary evidence which when court allow by its order you shall prove it as secondary evidence by producing attesting witnesses.

ajay sethi (Expert) 08 November 2011
if will was false what was your mother doing for 15 years?

the mistake you made was you didnot apply for probate all these years.

in the suit you have to take defence that will was made by your grandmother and after her death in 1996 you have become the owner of property ect . the fact that will was signed by your mother as witness should also be stated in your reply .

you cna only contest the suit

M.Sheik Mohammed Ali (Expert) 08 November 2011
yes i do agreed experts query reply

Sankaranarayanan (Expert) 08 November 2011
prabhakar ji he is worried about his first will was registered in the name of his mother.

jatin sharma (Expert) 08 November 2011
the person have a right to change our previous will.if your grandmother made codicil registered will which is in favor of you than don't worry collect the all evidence like copy of registered will in favor of you,lease rent slip,taxes etc which will strong your case in court.

prabhakar singh (Expert) 08 November 2011
Mr.sankar narayanan !
he says::....
first she has made a registered will in favour of her daughter i.e my mother

BUT

Afterwards she has finally made a registered will in my favour and after her death as per the final will my name is entered in property records and from 1996

and

my mother has filed a suit against me that i have entered the property in my name in the records with the help of false will

and

the orginal will is with my mother. i obtain the copy of will from the sub register office.

TAKING NOTE OF THE FOREGOING SENTENCES OF AUTHOR'S POST I HAVE GIVEN MY ANSWER.

Sailesh Kumar Shah (Expert) 09 November 2011
It is settled law that last will is valid. you have to contest case.

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