• Will validity on property schedule for probate

My grandfather had purchased 5 Acres of land of 10 schedule properties from personal income and made a single Registered WILL mentioning all 10 schedule properties 15 years back to my name neglecting his own son and daughters. Later he purchased 1 Acre's of 2 Schedule property and made another Registered WILL 5 years back to my name itself mentioning new 2 Schedule property of 1 Acre's and old 3 Acres of 5 schedule properties outof 5 Acres by mistake or due to unknown reasons he forget to mention 2 more Acres. Now we have two WILL first one of 5 Acres and second WIll of 1Acres +old 3Acres excluding 2 Acres in the New WILL. 
1) Validity of old WILL still left behing 2 Acres?
2) Weather still both WILL are valid.
3) If only new WILL is Valid we may loose 2 Acres 
4) If old WILL is invalid will his daughter can claim property 
5) How to get probate both the WILL from the court
6) is probate is mandatory in Bangalore Rural Karnataka.
Asked 8 years ago in Property Law
Religion: Hindu

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12 Answers

1. If there is two complete Will and no Codicils is there then the last Will Remains in force and is to be accepted as legally a valdone.

2.So if you rely on the second one then you will get only what is mentioned there. if any proeprty is missing for whatever purpose the same can not be claimed by you unless the maker of the Will mention s that 'apart from the properties mentioned in the Will all other properties if subsequently purchased or left to be mentioned here will also go the beneficiary of the Will'.

3.If you rely on the first Will then you can not refer to the existence of the second Will.

4. For getting probate you will have to first make an application with the NOC of other legal heirs of your grand father.If they refuse to give NOC then you will have to prove the validity of Will.

Meet a local advocate to know the process of getting a Probate.

Devajyoti Barman
Advocate, Kolkata
23661 Answers
538 Consultations

Has the first will been superseded explicitly by the 2nd will?

Whether the first will finds mention in the 2nd will?

Please answer the above questions so that a concrete reply could be given-to your queries.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

1) new will supersedes earlier will

2) old will is not valid

3) is there a residuary clause in will

4) it is necessary to peruse new will to advise

5) if there is no residuary clause daughter and son can claim share in property

6) apply for probate of last will in Bangalore

7) probate is not mandatory in Bangalore

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

Firstly, yes probate will be necessary, and will take 4 months to give you the right over the property.

Secondly, no matter whether some part of the property is left or not.

Thirdly, what matter is the will at the end.

Though there can be challenge to it's genuinty which can be tackled accordingly.

Both the wills will be valid.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. Yes probate of the will is mandatory.

2. Go ahead and file for probate of the will on the basis of both the will.

3. Notice will be issued to all the legal heirs.

4. You may present both the wills and show the intention of your grandfather.

5. Yes if the objection is placed by legal heirs of grand father and the same is accepted then the daughter will get the share, though in the set of facts told by you chances are less that division will be given to the daughter.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi, both the WILL are valid as the 2nd WILL was made after he purchased the new property ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. The second will has to be read threadbare to see if it revokes the previous will. The subsequent will is an automatic revocation of the previous will unless the testator has mentioned to the contrary in the subsequent will.

2. Consult a lawyer with copies of both wills.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Dear Client,

Until previous WILL was not revoked by the testator, it is valid, and if in the 2nd WILL which if in actual, intended to bequeath new 2 properties in ur name and no mention of revocation or reduction in previous named bequeathed property, than both WILLS are valid.

ANY mention of previous WILL in subsequent WILL.

1) Validity of old WILL still left behing 2 Acres? - valid until not revoked by subsequent WILL>.

2) Weather still both WILL are valid. - for above reason.

3) If only new WILL is Valid we may loose 2 Acres - If in any case THAN subsequent WILL is valid. loss of 2

4) If old WILL is invalid will his daughter can claim property - in 2 acres only.

5) How to get probate both the WILL from the court - not mandatory in Bangalore, on the basis of Wills, get properties transfer in ur name in municipal/ revenue records.

6) is probate is mandatory in Bangalore Rural Karnataka. - no

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Old will has been superseded by the new will

Daughters can claim equal share in said 2 acres as there is no residuary clause in the will

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

1) Now court case seems to be our favor only

2) I heard from my one more relative they are able to find other 2 Acres details also recently.

3) Just i am worrying weather it will be a new case or continuing old case only.

4) If it is New case then i can submit my old will to the Court ? - Its is ur big mistake that u didn't submit the first will also in court, On what basis daughter are sought stay on properties. If the properties are grand father`s self acquired than he can give the property to any of his choice.

5) Daughters never look my grandfather when he was alive or helping our family in anyway but they are troubling us listening his husband and son. Please help to proceed further. --

Further legal assistance possible on perusal of case documents - contact.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1) Validity of old WILL still left behing 2 Acres?

No will is valid or enforceable during the lifetime of the testator.

You are silent whether the testator is living now or not

Presuming the testator of the will is not waline as on this date, then his last will shall be enforceable and other wills stand cancelled automatically.

There can be no two wills for same properties.

2) Weather still both WILL are valid.

The old wills shall stand cancelled automatically upon creating new will

3) If only new WILL is Valid we may loose 2 Acres

Nothing can be done on that.

4) If old WILL is invalid will his daughter can claim property

All the legal heirs entitled to a share in the property left behind by the deceased property owner upon his intestate death, shall be entitled to a legitimate share in that.

5) How to get probate both the WILL from the court

The previous will cannot be probated.

Only the last will can be probated.

6) is probate is mandatory in Bangalore Rural Karnataka.

Grant of probate is not mandatory in Bangalore, however to avoid dispute, obtaining probate is always better.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

Hello,

Take note of the fact that the new will supersedes the older will and both the sisters will have equal share in the said 2 acre of the land.

Yes you can submit the old will in the court

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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