Siva 10 April 2016

Will dispute - A little tricky

My grandfather executed a registered will in favour of me(grandson of him) in 2001. He has 4 sons. Since no other showed interest in his health he did it. He expired in 2011. After his death other sons of him quarreled about the property and fabricated a will stating that that is his last will. The fabricated will is an unregistered one but attested by a notary public. The suit has been filed at 2011 after his death and it is in trial now. Now they are interested in a compromise. What should I do as a proper procedure to avoid future challenges like this from them? The jurisdiction is in Tamilnadu. Any help is highly appreciated.

Reply Follow

5 Replies

Siva 10 April 2016

Should I probate the will and even if I do how much time would it consume.

Abhi 10 April 2016

I wana clear ur dear, a will either registered or unregistered is having same value in eyes of law. Will which is last having legally attested 2 witnesses with testator genuine signature will win. Registered will can be revoked by making new unregistered will. No need to cancel registered will in office of registrar. If u r moving to compromise its ur wish. No legal bar. Thnxx

Nitin Patil 14 April 2016

dear Siva

Please clarify what exactly you mean by fabricated WILL. If ALL the requirements of a WILL have been fulfilled then how are you going to prove that it is fabricated? Ordinarily a WILL should

1. Be in writing & executed by a person who is not a minor

2. Be In respect of self acquired or other property / share over which you have clear right & title

3. Should not be ambiguous or uncertain in regard to the intention of the testator

4. Should be done only when you are mentally stable & of sound mind

5. Should be signed by the testator

6. Should bear two witnesses who are required to sign only after the testator has signed

7. Should not have legatee or his spouse as the attesting witness

7. Should name the executor

8. Should not have any alterations or overwriting

9. Should not have been caused by fraud or coercion or such importunity

10.Should be registered if you are leaving someting to charity

So if above conditions are met it will be difficult to prove that the WILL is fabricated !

patilng@rediffmail.com

Siva 14 April 2016

Thanks for your advice. . . As the will is fabricated, it is type written and signed at each pages. The perfection of signature is almost reached as the plaintiff is a document writer who is my father's brother. It is attested by two witnesses and also by a notary public. But my grandfather(testator ) stayed with us till his death. One thing which is in our favour is the plaintiff had filed many suits against my grandfather in the past claiming rights over his properties. Can I file a petition challenging his signature to a forensic lab?

Siva 18 April 2016

Quick update: The plaintiffs have filed compromise memo stating the suit is not pressed. I asked the plaintiff to handover me the fabricated will. But the will was marked during his evidence. Any luck in getting the document back in original?