Registered will versus subsequent unregistered will

your options are limited.

Thanks for your reply.

I would re-frame my question this way.

In case my father executes a Registered Will now and subsequently any of his sons or grandsons who have his signed blank papers misuse those papers to prepare a subsequent Un-registered Will without the knowledge of my father, then which Will would prevail, Registered or Un-registered.? I am assuming that it would not be easy for me to prove that unregistered will is fabricated one because blank papers are signed by my father. How can I safeguard my interests under the Registered Will or any other manner.

Last will will prevail.

Dear Susunil,

Registration of a Will is pure optional.  Even an un-registered will is valid for all purposes.  Last Will of the testator will prevail over any number of  previous Wills.

My question to you is At present,  ur father is alive or not ?

because ur query is somewhat ambigous about this aspect. 

My father is alive at present.

Dear Susunil,

Then, give a notice to the persons with whom the empty signed papers are retained demanding them to return the same.

Also, give a paper publication disclosing the said fact and also initiate criminal action against the holders of the signed papers.

Will comes into operation only after the death of the executant.  So, do all these things during the life time of ur father.  So, this would help u in proving that the unregistered Will is a fabricated one in case if they misuse the signed papers.

Whether registered will or unregistered, it will have to be proved before the court when disputed.

There is a presumption of execution of will in favour of beneficiary when it is registered, therefore the burden on the other later unregistered will to prove is much more.

prakash kumar rana <jayprana1@gmail.com>

R.T.I RATIONCARD

GEETA JAYDEEP RANA <geetajaydeeprana@gmail.com>	Wed, Jan 11, 2012 at 3:09 PM
To: jayprana1@hotmail.com Cc: jayprana1@sify.com Bcc: jayprana1@gmail.com
---------- Forwarded message ---------- From: GEETA JAYDEEP RANA <geetajaydeeprana@gmail.com> Date: Tue, Jan 10, 2012 at 4:28 PM Subject: Fwd: R.T.I RATIONCARD To: collector-val@gujarat.gov.in Cc: gscic@gujarat.gov.in dear sir   .Kindly give attention. Your for proper solution  quick response is appriciable for us.Our address FORMAT OF APPLICATION FOR SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION ACT-2005 Application ID No. : IITR/MS/RTI- (For official use) To    Shri L. C. Patel District Collector Office (Valsad) ---------------------------------------------- The Public Information Officer/ Asstt. Public Information Officer, 1. Name of the Applicant : RANA GEETA JAYDEEP 2. Address A/1M.R.C SOCIETY, P.O GORWA VADODARA390016 3. Particulars of information (a) Concerned Office/Department :SHRI MAMLTDAR  SHRI JILLA  PURVTHA ADHIKARI Shri Collector  VALSAD (b) Particulars of information required   RATIONCARD Information on departmental records   (i) Details of information required : _AS PER HARD COPY REG.POST RECIVED YOUR OFFICE DT.06/01/2012  (ii) Period for which information asked for: (iii) Other details __ AS PER MY APPLICATIONS RS.3+3+3COURT FEESTAMP&RS20POSTAL ODER 92F-111328&92F-111329&92F-111330 4. Format in which information is required: 5. Mode of delivery expected (ordinary post, speed post, by courier, by hand, through internet or e-mail, by fax etc.). Additional fee may be charged to cover the cost of delivery. 6. The information can be furnished within 30 days as prescribed under Section 6 (1)/ the information sought for concerns my life and liberty, therefore the information may be furnished to me within 48 hours (Please delete the inapplicable portion). P.T.O. -2- 7. Without prejudice to my rights under the RTI Act 2005, to facilitate faster retrieval of information, I would like to state that the information could be available in………………………(please indicate the name of concerned Office/Department of the Institute). 8. I state that the information sought does not fall within the restrictions contained in section 8 and 9 of the Act and to the best of my knowledge it pertains to your office. 9. I also state that I am a citizen of India and I am eligible to seek information under the Right to Information Act 2005. 10. (i) A fee of Rs.__________________ has been deposited in the Finance & Accounts Office of the Institute vide Receipt No.________________ dated_______________, or (ii) A Postal Order No. 92F-111328&92F-111329&92F-111330  dated 05/01/2012 is enclosed, or (iii) The applicant is not liable to pay any fee because he/she is below the poverty line (proof is attached). (Please tick one and delete the remaining two options) Place:VADODARA Date :05/01/2012 (Name & Signature)        GEETA JAYDEEP RANA Postal Address:A/1M.R.C SOCIETY ,PO.GORWA ,VADODARA390016 E-mail address :-geetajaydeeprana@gmail.com &JAYPRANA1@GMAIL.COM   Tel No.9429190303   11 attachments   1 rationcard app.pg1.jpg 89K   2 rationcard app.pg2.jpg 89K   3 ration card.app pg3.jpg 47K   4 varsai certificate.jpg 91K   5 jaydeep death certificate.jpg 137K   6 bhartiben death certificate.jpg 97K   7 bipinchandra death certificate.jpg 87K   8duplicate ration card app161111.jpg 106K   9 collector  r.t.i161111.jpg 112K   10mamltdarr.t.i replay pg1.jpg 49K   11 mamltdar r.t.i replaypg2.jpg 112K

Last will (whether registered or unregistered) shall prevail. Registeration is optional and does not have a bearing on the Will.

Registering a will is not compulsory. Hence the last will will prevail upon others. Attesting will and registering it will help to prove better if a dispute arise.

simple man. These lawyers can not help you. It requires man from UP to help such situation.

1. make passport for your father
2. better if it already there
3. go for registered will
4. ask father to sign and put left hand thumb impression also.
5. make a clause in the will that for making important document such as will, he will always use signatures+ thumb impression,; the thumb impression can be matched with passport (so difficult to get thumb impression of educated man except from passport)
6. now-a-days, there is AADHAR card with ratina print. Get the same printed on the document (a bar code) which can not be duplicated. narate this also in the will.
7. let me see how sone one fabricates after this.

Dear Tapovardhan,

Immeteral whatever you are, but such comments on a public platform that "these lawyers cannot help you" is rediculous.

Since lawyers provide professional legal service to the best of his/her ability and agility, that too free of cost as member of LCI, you are advised to refrain from using such language.

Regards

Dr. (Maj) J C Vashista, Advocate #9891152939

No offense to lawyers. It is obvious that lawyers would opine based on copy book solutions.

i am afraid but criminality needs out-of-box solutions. we the masses face the burnt of serpentine judicial procedures. Lawyers on the other hand, are net beneficiaries, willingly or otherwise.

each member is welcome to disregard the opinion as garbage. Take benefit if u like. I have faced 3 forged wills.

Howsoever secur the will may be may it be thumb mpression. Adhar Card or passport.  But as soon as there is second will tommorow on next date all earlier wills are nullified.

If he hs to challnage or defend any will he needs lawyer even if Mr Tapowardhan says that  "these lawyers cannot help you"