LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RaviSK (engineer)     21 September 2016

Issue in will

Hi all,

I have issue relating a Will which my father has written. I am out of country at the time when my father was ill and dead. Now after his death my sister showing a Will which my father written in favour of her.

When my father is in good health he has written a will in favour of me on 20rs stamp paper with attachment of Orginal documents of the propety.I kept this Document with the Orginal property document in my Bank locker and is with me now.

neither my Will or my sister Will was not probated. Both the wills are retturn on a 20 RS stamp paper with Two Wittness .

Now My questions are.

1) Who has the right on the property.

2)As the property Originals are with me can claim complete rights legeally ?

Please help me how I can claim my complete rights.

 

 

 

 

 

 



Learning

 11 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 September 2016

Sir, 

 

Since both the wills are not registered, you have get the will probated through the court of law. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     21 September 2016

The last ( Valid) WILL supersedes the previous ( Valid) WILL and prevails.

You may carefully keep the original documents.

If contested the WILL may have to be probated.

 

Show all docs to your able counsel.

 

 

RaviSK (engineer)     21 September 2016

Who will have the highest prefernce? .some people advised that I will have the highest preference on the property as I got the Originals of the property.

Kumar Doab (FIN)     21 September 2016

You have posted that:

"some people advised that I will have the highest preference on the property as I got the Originals of the property."

 

It has already been posted that:

 

"Show all docs to your able counsel."

 

RaviSK (engineer)     21 September 2016

I made the above Will with out date. Can I keep a date more earlier than my sister ?

Kumar Doab (FIN)     21 September 2016

Don't commit any illegality.

 

 

RaviSK (engineer)     21 September 2016

able counsel.....means a lawyer?

Kumar Doab (FIN)     21 September 2016

Last Reply:

Don't commit any illegality..................................was the last reply. 

 

RaviSK (engineer)     21 September 2016

Many Thanks Kumar Doab,   Let me know how can I win against my sister.

My father already given my sister some of the properties without any document when I am out of country. so I want the left out properties completely under mine.

My father is a humble person believes  trust of my sister.  In Last days of the father when he is unable to identify people my sister made that will.

 

Laxmi Kant Joshi (Advocate )     21 September 2016

The will is not a registered will hence it may be probated in the court , you have the originals documents alongwith the will therefore it may be presumed that your father desires to give his property to you otherwise they asked the documents back from you on only on this ground you may be benifited .

Kumar Doab (FIN)     21 September 2016

The WILL may not have to be necessarily probated.

If WILL is genuine and valid you may on your own handover the docs to the beneficiary.

The estate/property that is not disposed by WILL is open to be shared amongst legal heirs.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register