rahul sharma (software developer) 11 May 2011
my frierothnd father died 6 months back with unregistered will in the favour of his son. now this father brother has also produced an unregisted will in the favour of him. both are legal according to finger print experts so now how his chacha can be the owner of his father property. Indian law is not good i want some comments on this
Sanket (Nagpur) (Practicing Advocate) 11 May 2011
HI
The will which is latest one will have effect so check out for the dates on it
prasanta kumar parida (sr. consultant) 12 May 2011
As per law the last will of a deceased person having self acquired property in his name has legal right to execute a will. but will is not an instrument for transfer of ownership until it is probated in a competent court of law , where all the affected party have a legal right to contest in the probate proceeding.If your chacha is in possession of the property then advise him not to leave possession until court direct to do so.The proceeding can be prolonged till it is disposed off by Supreme court,so let him enjoy the property till then
atul jain (advocate) 14 May 2011
just go for probate of the will, the court wil decide the same. while the latest will is acceptable according to law when both r looking geninue
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