Registered will

Querist : Anonymous (Querist) 29 March 2011 This query is : Resolved
My Father has executed Registered will in late 70.
Do I need to prove this in court as one of my relative is not accepting will.

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adv. rajeev ( rajoo ) (Expert) 29 March 2011
relative means?
When there is a dispute in respect of will between you and your relative then it is to be declared thru., court only.
It is executed in the year 1970 till today what your relative was doing. I think he had knowledge of executing the will by your father. If he has doubt regarding will let him go to court. Suit has to be filed within 3 years from the date of execution or to the knowledge. It is important when your father passed away.

Advocate Bhartesh goyal (Expert) 29 March 2011
You need not to prove the will.one who challanges the validity of document has to prove that document is fake.

R.Ramachandran (Expert) 29 March 2011
First and foremost you have to indicate whether you got the Will probated, wherever necessary.
Secondly, if probate is not required, did you get the property mutated in favour of the beneficiaries as per the Will.

Guest (Expert) 29 March 2011
i agree with Mr. Bhartesh Goyal as the document is itself more than 30 years old.

G. ARAVINTHAN (Expert) 29 March 2011
You have to prove the Will by examining one of the witness(attestors) to the will or to examine the person knowing signature of the attestor

V.Mahadevan (Expert) 29 March 2011
Registration of a WILL by the testator only provides evidence that proper parties appeared before the registering officer and that the officer attested the same after duly ascertaining their identity. However,Registration accords no special sanctity to the WILL.
Registered or otherwise a WILL must be proved as duly and validly executed as required under Indian Succession Act.
In the given situation,namely,non- acceptance of the WILL by the relative, the aggrieved son(the beneficiary)may apply to competent Court for grant of Probate. A Probate granted by Court forms conclusive evidence of the validity of the WILL.

Querist : Anonymous (Querist) 29 March 2011
All thanks for your reply.

More details on this.
My father executed registered will in June 70 & passed away in July 70. In will it was mentioned that it will be in effect after death of my mother. Now she is also no more. Passed away in 95. Till that time my brother & myself was enjoying property. In 96 i executed will & some of the properties mentioned in will as my share got registered on my name. Also my brothers(who is no more) share registered in his wife name. But two items from this will which is mentioned as my share i missed to get it registered in my name. Now my brothers family is rejecting to handover it to me stating its a fake will. How to proceed in this situation.

Advocate. Arunagiri (Expert) 29 March 2011
You file a partition suit.

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