Respected Advocates of India,
25 years back from the present date, a person wrote a registered WILL favoring his son. It included properties of two different states. One state having a metropolitan city in which there is only one estate property and another northern state of India baring with agricultural land which was purchased by the person made registered the WILL. It was registered in the northern state of india. The registered WILL did not clearly stated the property discripttion, it only included the state and district in which the person who made the WILL is having his property. it also stated that, "after my death, my son will be owner of all the property I have on my name".
Now 12 years back from the present date, the same person who made the registered WILL made a hand written WILL. The hand written WILL clearly stated all the property discripttion and it was signed by two witness who are still alive and of sound and mind. It was favoring his son and grandson.
I know that the first WILL gets cancelled automatically. But the issue is that the person who wrote both the WILL is having 3 daughters. They don't know that there is an existence of two WILL's. For their share they have filled a case in civil court senior division.
Both the WILL state that, " during my life time, I have given more than the property value to my 3 daughters and now I don't want to give anything to them".
Questions:
Which WILL to produce as they don't know anything about both the WILL's?
Will the second WILL which was hand written and signed by two witness be more effective. Can it be produced along with the first registered WILL.
Will the three daughters get equal share in the property.
How to proceed and what to do?
How to go further with the case?
