Will dispute
John Bosco
(Querist) 03 January 2012
This query is : Resolved
We are indian chritians.My wife has 2 sisters and 1 brother. Their father was ill for morethan a year and during his treatment he made a Registered WILL (At hospital, a pvt registration, before the sub-registrar) in a sound state of mind with 2 respectable witnesses with thump impression at metro city but the properties are not in metro city.He was then discharged as the disease could not be cured. He was at home for 5 days.then he became worst and admitted in hospital in ICU locally for supportive treament and died after 6 days. During his life time he had given more than 50 % of his properties and liquid cash to his son so in the registered WILL he had given 10 % of the balance properties to 3 daughters put together and the balance to his wife. Immediate after his death WILL became active and was given to bank and other departments and to our relatives.
After 2 months of his death my brother in law has come out with a will saying that his father has given total property to him in that will and not a single pie to his wife or daughters. The said will has a date just a day before he was admitted in ICU. The whole family and relatives were with their father on the date he is mentioning and we are sure its a forged one, may be the impression taken when he was in ICU with unconcious. After 2 months he has given that WILL to registration department for registering and they have kept that will for enquiry. But he managed to get the copy of the WILL which has all the SEAL of the department but kept for enquiry.
Now he showing that to everyone as if its register one and trying to transfer all the property in his name.
I KNOW THIS IS A LONG SAD STORY, BUT WE ARE HELPLESS AND DO NOT KNOW HOW TO GO ABOUT.
Can anyone help us in this?
Sankaranarayanan
(Expert) 03 January 2012
Without prooving that the subsiquent is forged. Otherwise that is more authondicaly. You said it was registered after all enquiry then it indicate it is acceptable . If any evidence against then u can file injection to stop transfer to his name
Malay Shukla
(Expert) 04 January 2012
In cases of posthumous registration of Will all the effected parties are required to present their case before the registration is effected, however since the scope of inquiry before the Sub registrar is limited and considering the fact that state of affairs before the Registrar it would be advisable to challenge the subsequent Will by filing proper suit before civil court, as the same is the only recourse available to you
Shonee Kapoor
(Expert) 05 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.Ramachandran
(Expert) 08 January 2012
The question of 'posthumous registration' does not at all arise.
Either the will is registered when the executant is alive and kicking or unregistered.
Registration of a Will after death of the testator is unheard of.
Mr. John will be better advised to approach a lawyer in the area, show papers, discuss the matter and to take it forward.
V R SHROFF
(Expert) 08 January 2012
Get your detailed checked by Advocate, and act as per his advise, as your case of WILL, NEED TO observe, study, co-relate the facts, dates, writings, confirm any forgery or not, and then decide the action.
Only experience Advocate can do it properly.
go to Local Adv.
