Registered will and un registered will
My uncle died on oct.2013. He was 76 and suffering from throat cancer from last 8 years.02 year back he made a registerd will with tehsildar in which he declared his wife's sister son as his legal owner for his property as he was looking after him from last 22 years. his age is 34 and he was unmarried.after 01 year of ist will he made one more registered will in which he given arround 15% share to his elder brother son stating that he is canceling his first will in his 2nd will.
after death both parties claimed agricultural land as per second will and got mutation done. Uncle wife had no objection on this.she given affidevit in front of tehsildar and patwari regarding transfer of property as per second will.
Now after transfer of property all other family member of my uncle family produced a unregisterd will with his signature stating that this is his last will.This unregisterd will was dated 10 days before his death.Will was witnessed by his younger brother,younger brother wife and sister of my uncle.
Younger brother has written this will. He states that all property belongs to uncle family and will be headed by younger brother and will be distributed by him.family will give monthly expanses to wife till he will survive.case is in court.
The boy who got 15% share now supporting family.He is with younger brother.
What can be done in that case so that the boy who is serving both uncle and anty will get his registered will right in front of court.
anty had given statment in front of judge that registred will will be executed. and the boy served her husband and serving her at present.
Asked 3 years ago in Civil Law from email@example.com, Haryana
The vital question is was any of the three wills probated in a court; if not, then how could the properties be divided suo moto?
If neither will probated, then the claimant should immediately apply for probate of the will in his hand; there will be disputes by other claimant, but it has to be fought out