PRIYANKA MANAWAT (COMPANY SECRETARY) 26 April 2010
HI ALL
MY FATHER GOT ONE PLOT ACCORDING TO REGISTERED WILL OF MY GRAND FATHER. BUT MY UNCLE PREPARED A DUPLICATE WILL (NOT REGISTERED) AND CANCELLED THE ORIGINAL WILL . IN THAT DUPLICATE WILL HE CLAIMED HALF OF THE PORTION OF PLOT. MY UNCLE HAS ALSO GIVEN ONE AFFIDAVIT TO MY GRANDFATHER AFTER THE REGSTERED WILL THAT HE HAS NO RIGHT ON THE PLOT. BUT NOW HE HAS FILED SUIT AGAINST US. KINDLY ADVISE HOW TO ACT.
THANKS IN ADVANCE
Gundlapallis (Advocate) 27 April 2010
A will can be registered or un registered. The final will of a person will stand. In your case, you say that your uncle has fabricated the will - Now you have no option than to challenge and disprove his duplicate will through the process of law and restore the original will by nullifying the cancellation orders of the registrar through court.
Devajyoti Barman (Advocate) 27 April 2010
The enforcibility of a will , registered or inregistered comes only after probate is granted in respect of the same. In your case the executor or the beneficiary of the registered will can file a case before the distrcit delegate for obtaining probate. Once that is done it would be easier for your father to defend the suit filed by your uncle.Similarly your father can also challenge the second will either filing a separate suit for declaration or in an appliaction for grant of probate if filed by your uncle.
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