Bhimreddy (NA) 11 April 2013

Will content disputable

WILL CONTENTS DISPUTABLE

The contents of the will are disputable as Signature taken on blank NJS paper are of my father. But matter filled up later. Witnesses also signed later. How to prove will contents written later & witnesses signed later.

We have a Regd.will(2006) in our favour by our father. On seeing this my Step brother has produced another Unregistered Will(2008) genuinely signed by our father in his favour. I suspect that they might have taken blank signatures and written now (2012) with 2 witnesses. How to contest this. Will we succeed the case.As latest will is valid in Law. Father expired in 2009. What is the remedy to get our property.

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2 Replies

Advocate Rohit (Advocate) 12 April 2013

since your father had made a registered will therefore an unregistered will at a latter stage will not superscede the same. Thus, only the will in your possession is valid.

You will succeed the case if the matter is taken to the court.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

sridhar pasumarthy (ADVOCATE) 13 April 2013

I differ with Mr. Rohit. Last will prevails. No matter whether it is registered or unregistered.

Seek Handwriting expert opinion to find out the age of ink with respect to the contents of the Will and the signature of the testator. It may be helpful to you.

Cross-examination skills of an advocate will solve your problem.