My father made his first will some time in 1998. He has made two more wills in 2012 and 2013. He developed dementia around 2011 and the wills made after that are questionable but a copy of which are available. He is 86 years old and still alive but does not remember any details of the wills. In addition, each of the wills made later have made no reference to the previous wills. I am unable to locate the first will. Only thing I know is that it was registered in Bengaluru in 1998. I am not able to locate the witnesses and the family is also not cooperating since the first will was made when my father was in sound mental health and it is the most favourable to me of all the other wills. I know that wills can be challenged only after a person death, but I would need a copy of all of them.
My question is please let me know how to locate a registered will knowing only the year of registration and city.
Asked 10 months ago in Property Law from Bengaluru, Karnataka
1) you have to take search in sub registrar office in the city where registration has taken place and obtain copy of registered will of 1998
2) contact any search clerk in registrar office in this regard
1. If the will is registered one then you will get its information from the registration office.
2. Once you get the information you can also obtain its certified copy.
3. Do note that if there are more than one Will then only the last one validly executed stands.
4. Will executed by a person during his mental illness is not a valid Will.
The subsequent will is an automatic revocation of the earlier will. You should engage a local lawyer and conduct an extensive title search in the office of the sub-registrar to pull out certified copies of the wills.
1. First of all locate the will which was registered before the Registrar at Bangalore. it is possible to get certified copy of the same from the concerned registry office.
2. After that collect evidence that your father has developed dementia around the year 2011 which made him incapable of executing any document legally.
3. Your next step shall be to apply for probate of the said will which might be challenged by others who have been benefited from the subsequent wills.
4. When challenged you show ground that the subsequent wills are invalid for reason mentioned above.
You can approach the office of the registrar through which you suspect this will to have been registered earlier.
You file an application for search of documents by paying prescribed fee and observing further formalities on this regard.
You can take the help of an advocate for this purpose because the registrar office will entertain an application in this regard made by an advocate immediately.