Property of deceased
mk
(Querist) 23 June 2021
This query is : Resolved
Dear Sir /MamÂ
My mother left a registered Will in tamil nadu ,coimbatoreÂ
I have 3 brothers and Im the only daughter ,the registered will states that her flat is for me and one of my brotherÂ
but however the brother who i share the flat with is meak ,The other two have teamed up and called us there in pretext of opening her wardrobe and took out another will which is not registered only notarised ,For the jewels its mentioned that it would be divided equally to all but the bank locker that is mentioned doesnt exist ,it is in another bankÂ
FD also mentions 50% to me and another brother but nominee is differentÂ
the notarised will has these :
it also has a wrong bank name for the locker ,i guess that was done intentionallyÂ
rest all assets equally to allÂ
post that they have withdrawn the FD as to the nominee and jewels have been withdrawn by the nomineeÂ
now for the flat they had filed an injuction in the court for which we had replied that there is registered willÂ
post that they havve made calls to us for negotiation on percentage and says we will givve 35 % ...and asking for our documents for legal heir certificate which we have not given ,we told them we will come from bombay and you all  settle us in one go ,give us DD /our share and settle us and we will sign any document u want .Sir my question is how do we legalise this ? how do we ensure we get the money first ,Since one of the brothers deals into disputed properties &they stay local there they want to play games with us ,Please help !
P. Venu
(Expert) 24 June 2021
Which is the later Will? The later Will prevails, if otherwise valid, irrespective of registered or otherwise.
mk
(Querist) 24 June 2021
Dear sir
The second will is made up clearly. It is fabricated as witnesses are unknown .Besides it is only notarised .one of the brother deals in disputed properties and has a criminal mind ...so he felt v insecure when he saw nothing major was there in will for him ..Besides the executor of the will mentioned in both wills is same and she doesn't know about the second will ...moreover the will has a wrong bank mentioned for locker which was deliberately done to get hold of all jewellery in locker
mk
(Querist) 24 June 2021
Sir they have been calling me on pretext of negotiation for percentage but I want to safeguard my interest ..they had filed for an injunction in court and havenot presented the later will ...all the brothers are teamed up but one of the brother showed that he is making an injunction against all 3 siblings stating that he has taken care of mother and lived with her which was false. ..I replied saying that there is registered will and all mentioned is false .post that they have not replied yet .they called in pretext of negotiation saying that we give u 35% but don't know what they are upto ...
P. Venu
(Expert) 25 June 2021
You are trying to confuse the facts. The immediate issue is, which is the later Will? Please avoid posting your subjective opinions and unrelated allegations, even if true.
mk
(Querist) 25 June 2021
The later will is second will as mentioned sir ...
The one I mentioned is not registered
It has wrong facts about the locker .and witness are unknown .the executor is not knowing about this will too
Hope it's clear
P. Venu
(Expert) 25 June 2021
If so, the second Will prevails, if otherwise valid. If defective as to essentials, validity could be assailed in the Court of Law.
Other aspects you have mentioned is of no relevance.
SHIRISH PAWAR, 7738990900
(Expert) 25 June 2021
Hello,
If you alleged that, a second will is fake then you have to contest the case filed by your brother and file another case for probation of your will. If any amount is withdrawn from the bank then you can ask for recovery of the same. Consult with local advocates and take appropriate steps.
mk
(Querist) 25 June 2021
Ok sir ...yes they have not presented that will anywhere it was just to show me that and keep pressing me
Sir I'm waiting to know what they reply
In the meantime they called me for negotiation again and asking for my legal heir documents
how do I ensure that if I negotiated a little just in case If I do then how do I validate it in court or
Should I just tell them I would go there you give me the money and taken my sign
Or should I put it thru court itself since matter is in court .The question about will has not yet arises in court ...I had last replied that there is registered will and as as stated by them that he took care of my mother and stayed with her etc is false
They are upto something but don't know what as they asked for my legal heir documents time and again or they may ask for it through court since I have not given them
T. Kalaiselvan, Advocate
(Expert) 26 June 2021
You have posted the message three to four times in the same thread with the repeated contents even though you added a few now contents in one of them.
The legal fact is that the Will written by the testator subsequently will prevail over the previous Will.
It is not mandatory for a Will be executed in registered deed alone.
The notarized Will is also valid in the eyes of law.
It is also not necessary that you should know the witnesses.
It is the burden of the person relying on the Will/beneficiary of the Will to prove the Will by bringing the witnesses to court to depose evidence, if you object to these witnesses, you can cross examine them during trial proceedings and get them nullified by extracting truth if you believe that they are fake witnesses.
As far as negotiations is concerned you may first ask them to draft as MOU on the mutually agreed terms, ask them to settle the amount as agreed upon before court at the time of withdrawing the suit on compromise settlement, until then you keep dragging the same without concluding on it.
You have an advocate who is taking care of this issue, you have not mentioned his opiniuon at all here so that you could have got better guidance if his guidance was not satisfactory.
mk
(Querist) 26 June 2021
Sir I want to be sure that I'm not cheated .hence was asking in this forum .I would definetly contact my advocate also as we are waiting for their reply on the matter but in the meantime they called and asking us for documents for legal heir
Dr J C Vashista
(Expert) 27 June 2021
I agree with expert's analyses, opinion and advise.
Last will of the testator shall prevail over previous one.
Beneficiary will have get the will probated (although not compulsory in TN but challenged).and prove that the will is genuine.
Consult and engage a local prudent lawyer for appreciation of documents/ facts, professional advise and necessary proceeding.
