Subsequent will executed by your father stating that his entire estate would be divided between the siblings in equal proportion would be considered in the present case.

second will supersedes earlier will

2) on father death all 3 siblings would have equal share in property

Registration of a Will is not important. A Will needs to be duly signed by the testator along with two witnesses. It is easy to execute the validity of a registered will. Probate is the legal process where by a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. Once a Probate is issued

The last will made by your father even unregistered overrides the previous will and you shall have equal share in the property. File for the probate of the second will in the probate court.

Probate is getting a will valid in eyes of law. The cost involved shall be on value of property and depending on state you file for probate. It wont take long if there are no objection if objection on validity of will then same shall take time.

Further are your siblings objecting on giving you property.

you have to file testamentary petition for probate

2)enclose father death certificate

3) list of his properties

4) pay court fees

5) if there is no contest probate takes 6 months

6) legal fees vary depending upon lawyer engaged by you

Getting a decree of probate on the will is not mandatory in all states. Please state as to where the subject property is situated, so as to enable me to give your concrete advice regarding this aspect.

1. Last WILL executed by your father before his death is the legally valid WILL. Registration of WILL is not compulsory but only optional.

2. Since the second WILL states that the property be divided equally between the 3 siblings, you are entitled to equal share in the property on par with your 2 siblings.

3. Based on second WILL, contact your 2 siblings and ask for your rightful equal share in the property and if you anticipate any problem, then you can proceed legally by filing a case in the jurisdictional competent court for declaration, partition and separate possession of your share.

Dar Client,

Where properties are situated ?

Probate is not mandatory in all cases.

Subsequent WILL will prevail if words 'last will' and 'cancelled will' are used.

Process and time taken to probate a will is depend on the counsel and the Court. Normally in a probate proceeding the communication will be sent to the interested parties. Thereafter it will be granted in favour of the petitioner.

1) Whichever is latest WILL that will be applicable, so kindly provide date of both the WILL.

2) And the WILL needs to probate from court by paying nominal fees and get execution order.

The will which is not registered is really difficult to enforce in the court of law over the previous will.

Final will which is signed by the witness and the testator should be registered with the registrar and it should be probated by the testator in front of the register.

1. A latest NEW will supersedes all earlier Will. i.e. All old will's will become null & void and only the last will remains legally enforceable. This is irrespective of old registered will or new unregistered will.

2. You stand to be the equal beneficiary, as per the last will (which should be genuine and property witnessed with two witnesses.

3. Probate proceedings take approx. 6 months and would cost depending on the value of the bequeathed assets (usually upwards of 10,000/- onwards )

Keep Smiling .... Hemant Agarwal

Later Will prevails

Registration of Will is not even required

Obtaining probate is compulsory only if property is situated in Mumbai, Chennai or Bengal

Other places probate is optional and the directions in the Will can be honoured if all legal heirs of deceased accept the Will as genuine and give NOC to transfer property to the named legatees/beneficiaries in the Will

In Bombay, a probate petition requires a fixed court fee of 75k (depending on the value of property)

Other expenses include clerkage fees, lawyer's professional fees

It takes about 6-8 months to get probate. Its a departmental procedure

However if there is any challenge to the Will by any person having any interest in the property (known as caveatable interest) then probate petition gets converted into a regular suit and that may take several years to resolve

The Will which was prepared last, i.e., subsequent to the previous one and the last one before his death shall be held valid and legal.

Therefore the bequest made in the subsequent will only can be enforced and not the previous one even though it was a registered will.

What does the probate process involve and how much does it cost and how long does the whole process take?

The court fee and the advocate fee for processing probate case in the court competent is local subject which can be enquired from the advocate who you would propose to engage.

1. If the subsequent will of your demised father bequeths his entire property amongst all thgree of his children including yourself, then you shall get its equal share.

2. You shall have to file an application for grant of probate of the said will, before the court.

1. Probate is considered as grant of seal of the Court accepting the validity of it.

2. Maximum court fee to be paid for applying for probate is Rs.50 K.

3. If not contested, the grant of probate can be obtained within 9 to 12 months from the date of its filing.

4. The total expenditure for getting the grant of p[robate including the lawyer's fee might be Rs.1.20 lakhs to Rs.1.50 laks.

Hello

The subsequent will would be effective and therefore youbwould be a shareholder in the property. The process of probate is a process wherein the property is declared to be yours as per the will. Engage a lawyer and he would do the needful.

Regards