My father make will year 2005 , died in 2010, He wrote two wil 1st Registerd in 1994 , and second last in year 2005 in which he give refrence of 1994 will also ramin valid he gave some part of his property to son no. 5 . Now final last will after 7 years 2 sons say this is HUF property , while all 9 sons make signature in 1994 will including both who don't honor will of 2005.Will of 1994 and some part of 2005 is excuted property transfered . District Judge gave temporory stay for all property eeven other property .
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It is necessary to peruse both wills executed by deceased father to advice
2) second will superseded earlier will
3) on father demise you should apply for probate of father will
4) as far as stay granted by court is concerned necessary to peruse order osssed by district judge granting stay
1. Will of 1994 shall become null & void due to new will of 2005.
2. Property of deceased shall be given as per last will of 2005
3. A mutual Family Settlement Deed, duly registered, amongst all the residual legal heirs of the deceased, can override the will and as well as all future legal proceedings, which will only bring hearr-burn amongst blood-relations.
Keep Smiling .... Hemant Agarwal
Sir if the will of 2005 is made as supplementary to 1994 then both needs to be executed and the sons cannot dishonour same. There is no requirement that son sign in the will i.e. beneficiaries. Sir if there is no HUF created and property Is not ancestral and purchased from own funds then it is self acquired not huf and will shall be honoured.
A. A person can make a will for his self acquired property and separated property not ancestral and Joint family property. You father can alienate or make a will in connection with his portion of property not beyond that.
B. As per the General rule of law, last will be superseded over the previous Will. Moreover beneficiary of the will should put their signature to the Will either as witness or executee.
C. Hence, probate (Validity of Will) must be taken in your case and Property of the Will shall be established that property was not Joint Family Property. Only exception to this is of the following judgement as depicted in 'D' Para
D. In a judgment reported in Raghvamma Vs. Chenchamma the Supreme Court held, "the will speaks only from the date of the death of the testator. A member of undivided coparcenery has the legal capacity to execute a will but he cannot validly bequeath his undivided interest in the joint family property. If he died as an undivided Hindu, his interest survives to the other members of the family and therefore the will cannot operate on the interest of the joint family property. But he was separate from the family before his death, bequest would take effect."
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
1) The latest WILL be applicable as few parts from first WILL need to review both the WILLs than only able to provide guidance on it along with citations of cases for better judgment of case to become strong from your side.
Dear Client,
Who actually purchased the property ?
Father had absolute authority to bequeath his property acc. to his choice.
IS this property shown as HUF in income tax statement ?
Any income from house property ? If yes , still the WILL will operate up to the extent of father share in HUF.
Both Wills are valid, only question is capacity of father to execute WILL.
