Raj Singh 25 December 2016

Registered will v/s unregistered will

My grandmother owned a house property which before her death made a registered will in favour of my granfather in march 2000. After her death my granfather made another registered will in favour of me in feb 2003. Mean while my two uncle presented a un registered will before us april 2000 of my grandmother in which its mentioned that the property belongs to my two uncle and my father. My grandmother died in sept 2000 and my grand father also died in may 2010. Who will own the property as according to will i am the original to have so. My grandfather have already given lot of property to my uncle before and mentioned in the will as well. Plz help me

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18 Replies

adv.bharat @ PUNE (Lawyer) 25 December 2016

The latest one rigistered will is valid and according to that peroperty deistribution will be done.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired)) 25 December 2016

The last will whether registered or un-registered come into force after the death of the Testator.

Raj Singh 26 December 2016

My grandmother have never made her second will. Its fake will that my uncle are presenting. Bcoz my grandmother and granfather were always with my family and they both have seprated my two uncle from their property. How can i challenge them as i know that my uncle are presenting fake will.

Raj Singh 26 December 2016

leena Sharma (law and law training ) 26 December 2016

Though a will is not compulsorily registrable, a prior regd. will v/s. a subsequent unregd. will shall be decided keeping the facts of the case in mind. Like in your case:

1. Why did not your uncles present the will during the life time of your grandfather?

2. whether the earlier will has been mentioned in your uncles' will or not.

Nitish Banka (lawyer) 26 December 2016

it is always recommended to have a registered will as it is authentic way for executing will.

Raj Singh 26 December 2016

@leena sharma: thank you, no the registered will detail is not mentioned in the will presented by my uncle. Neither they ever produced the will in front my grandfather in his life time. @nitish: thank you for your reply

Vivek H Bedarker (A) 27 December 2016

Go for amicable settlement since property is still in name of grandma despite her death 16 years ago despite all these wills by her and grandpa. This is what happens when timely action is not taken.

rahul abhyankar (advocate) 27 December 2016

how you are saying that the will produced by your uncles is fake,bogus and is it registered or not? if you can prove that then the case will be yours.

kavksatyanarayana (subregistrar/supdt.(retired)) 27 December 2016

As your grand parents died, your uncles may present the will which is said to be a fake one, you can challene ge it.

Vivek H Bedarker (A) 27 December 2016

Is the property still in name of grandma for 16 yrs after her death? If yes then forget the wills and go for amicable settlement. Is it is in name of grandpa even after 6 years of his death? If yes then again attempt to get amicable settlement. If it is already transferred in your name in all govt records then fight the case.

Raj Singh 27 December 2016

@rahul: no the will produced by my uncle is not registered and also the fact is that my grandmother and grandfather were staying with us. Not with my uncle. How come my grandmother will bring annother will without our knowledge. And also the singnature is false.

Vivek H Bedarker (A) 27 December 2016

See friend if you want to go for civil case then its your call. But remember that once matter reaches court then only law will apply and not speculations and assumptions and it may take at least a decade if not more to give judgement where both parties say that other's documents are forged. That's why even courts sometimes advise out of court settlement amicably . Other laws also apply like can a person (grandpa) who did not buy property itself but kind of inherited it, can he deny its right to some of his own heirs and so on. Also did he truly inherit it and completed the govt procedure or is it still in name of grandma? Understand gravity of situation. Also court does consider time elapsed after death and presentation of different wills etc. Best of luck if you approach court because so will your uncles. Remember that inherited property owner cannot discredit his own legal heirs even if he so desires.

Vivek H Bedarker (A) 27 December 2016

And for ready reference refer to what happened to will of vijayraje scindhia who had debarred her son madhavrao scindhia in her 'registered' will. The will was non meaningful because she did not acquire property herself but had inherited it and therefore had no right to throw out other prospective inheritors. Same looks case with grandpa will. You may ask your local advocate if this is wrong.