Will
Bhimreddy
(Querist) 11 April 2013
This query is : Resolved
We have a Regd.will(2006) in our favour by our father. On seeing this my Step brother has produced another Unregistered Will(2008) genuinely signed by our father in his favour. I suspect that they might have taken blank signatures and written now (2012) with 2 witnesses. How to contest this. Will we succeed the case.As latest will is valid in Law. Father expired in 2009. What is the remedy to get our property.
Devajyoti Barman
(Expert) 11 April 2013
Since there are two Wills and the later one should be put into effect, you have to prove your Will to be genuine.
Apply for probate wherein the court would finally pass verdict about the genuineness of one Will which will determine the fate of your case.
Raj Kumar Makkad
(Expert) 11 April 2013
You have to minutely observe all aspects of the subsequent unregistered will in the court like whether the old registered will has been duly mentioned therein or not, whether the details of the family have been given or not, the state of mind of your father at the time of subsequent will, the linkage of the witnesses etc. etc.
Your lawyer shall be in a better position than us because he is having both the wills in his hand.
ajay sethi
(Expert) 11 April 2013
since the second will made by your father is of 2008 it would revoke earlier will of 2006 . you have stated that said will has been signed by your father . you are not disputing signature in the will of 2008 .if said will has been signed in presence of 2 attesting witnesses then your chances of success are bleak .
Advocate M.Bhadra
(Expert) 11 April 2013
Registration of WILL is not compulsory,last WILL left by the Testator is valid and it should be granted by the Court through a Probate Case.You can file the WILL you have in the Court with sending Notice to your step-brother.
On filling the probate proceedings all the legal heirs will get the notices from the court for filling objections if any. If the heir does not appear before the court it will be presumed that such person has no objection to the grant of probate. Children and spouses of the deceased brothers and sister can also file objections to the grant of probate. Will can only be challenged if it is not properly executed or it was not properly attested by the witnesses or the person in fact had not executed at all or the person executed the Will was influenced by the beneficiaries or the beneficiaries had taken interest in the execution of the WILL. Giving of no objection is not necessary but the presumption will be drawn as stated above. But if no objection is given in court, it would be better.
Raj Kumar Makkad
(Expert) 13 April 2013
Registration of the will is not compulsory but it doesn't mean that the author should accept the subsequent unregistered will by closing his eyes completely. He has every right to challenge it on the various grounds already told to him. The subsequent will may be a gorged document.
