• Multiple registered wills on different properties and probate procedure

My grandfather has Agriculture properties, one set acquired from gift deed from her mother(streedhan), second set from Inherited his father's self acquired property, and third set of properties from earned his own money self acquired properties. 
He made 4 different Registered will for different property on different dates in the same year at Registration office and Same Witness (2 persons same on all wills) Mentioning sources of acquired and conditions like below.
1) First will on 10/03/2009 to his Grandson(myself) All the properties acquired from her mother(mentioning that he got this property from her mother(streedhan) and saying that he was taking care and also with love.
2) Again Second Will to Grandson(myself) 20/03/2009,mentioning the ancestral properties(inherited) from his own father and also he said in the will their is no right for her daughters because they are well settled in Bangalore and their husbands are officials.
3) Third will on (02/04/2009) his self acquired property to my Father, my mother and her wife together then also mentioned after 3 persons death property transferred to Grandson(myself). All 3 persons will not selling rights only grandson can have once he owned it and selling rights.
4) Fourth will to Grand Son(myself) on 02/04/2009 his remaining self-acquired properties.
No Properties are duplicate in all the Registered will, only executors roles are different, and sources he acquired he mentioned in the will.
Daughters filed partition suit on all properties, running in civil court since 2012, Defendants in the suit are Grandfather and my father, now grandfather expired 2019. 
Questions are below: due to corona court proceedings not happening from last 9 months, no proceedings on either side
1) Is All Four Registered wills are valid, Even executed in different dates, different properties and conditions. same witness?
2) Is separate Probate is required for all 4 sets of will, or can i combine all will and make single Probate to save money, is legally allowed?
3) Daughters partition suit can I include all registered wills in the same suit and include Defendants( mother, Father and Grandmother) to continue the suit without Probate and take me as POA, Is their any advantage anyway we are ?
4) Will daughters have rights on their grandfather property they born after grandfather death , then my grandfather inherited property only son? 
5) What is the best option to continue at the current state to proceed on partition suit or file a separate probate?
6) Myself and my wife working employees together earning more than 25 lakh/annum can i acquire agriculture property by will?
Will of different dates reasons might be he took time to collect property details carefully, location and related legal documentation for cross verification, also arranging money and also was planning execute and to go concerned person only, because by the time daughters are troubled and harassed him a lot during his life time.
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hi, As per law last will testament is the valid one. But in your case he has executed the will different properties on different dates. So you have to argue that all the wills are valid one and further, If the properties are Self acquired properties of your grandfather then he can dispose of his properties by way of Will. However. if the properties are Ancestral one he can't dispose of the same by Will. All the legal heirs have right over the property.

 

[2] As far as Probate is concerned. There is no need to probate the Will executed in Bangalore.

 

 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1) For the convenient administration of his estate, the law permits a person to make more than one will in respect of different items of his property and to appoint different executors in respect of different parts of his property.

 

2) separate probate is required for each will

 

3) you can in reply to partition suit rely upon wills executed by grand father 

 

4) best option is to file for probate 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

1. There has to be a single ' WILL', even though there may be different executors/beneficiaries for different properties.

If testator has made two or more Wills then the last Will shall only be legally valid.  Whatever properties mentioned in that last Will only shall be taken into account even if you apply for probate.  

The problem with multiple wills is that the testator may not have their assets distributed according to their wishes. The court will use the most recent version of the will to distribute assets. Those who have created multiple wills should destroy previous versions to avoid this situation upon their death.

2. Only the latest Will can be probated and as far as the other Wills are concerned they may be treated as cancelled in view of the latest Will, and the properties bequeathed in the previous Wills, if do not appear in the latest Will, ,may be considered as intestate properties of the deceased.

3. The partition suit filed by the daughters during the lifetime of their father is not maintainable in law because the properties were considered to be their father's own and absolute properties, hence the daughters cannot claim any share in those properties as a right, therefore the suit filed for partition during the lifetime of their father is not maintainable even though their father is reported to have died subsequent to the institution of the partition suit.

4. Grandfather's property is not ancestral property hence they cannot claim any share in those properties as a right.

5. You can file a probate only for the last Will, you cannot challenge her partition suit because you are not a party to the suit, if at all you were impleaded as a party then you can contest the same on merits.

6. For acquisition of agricultural property by a Will, there is no income limitation.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

The last will is only valid or the legitimate will proved in court

Stamp duty will be different and single probate os applicable if all properties are in same courts jurisdiction

Yes daughters have right by birth 

Both partition suit and probate

Yes only by will if you are nri

 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Hi 

Since your grand father made different WILL's for different properties (i.e separate will for separate parties), all the four wills are valid in eyes of law.

Since, already there is a partition suit pending on the same set of properties, all, you need to do is 

1) Implead yourself in the said partition suit as legal representative of your deceased grand father by virtue of the  WILL and 

2) Submit the original WILLS in court after your implead petition is allowed by the court and 

3) Record evidences of the Witnesses and executors of the WILL . 

4) No separate probate process is required as partition suit is already pending in the court. It is also recommended to implead all surviving legal heirs of your grand father and father as respondents and to ensure that the litigation is sorted out once for all. 

5) Yes, you can inherit agricultural properties by way of WILL . 

6) The properties mentioned in the First , Third and  Fourth  Will are self acquired properties/ absolute properties and as such Section 30 of Hindu Succession Act will be applicable in the said case and hence courts will definitely pass orders in your favour.

7) The property mentioned in the Second  Will seem to be ancestral in nature and hence the WILL will be effective to the extent of the share allotted to your grand father vide section 6 of Hindu Succession Act.   However, you need to obtain a legal opinion on the nature of property mentioned in the second will given that the property may not be ancestral, if some conditions are met. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Multiple will is not valid.  Only the last will shall be valid. 

Probate court may grant probate to such will if no information about other will is provided in court.  

Any one having such information may challenge the probate and the court will revoke the probate granted. 

So go for probate for the last will only. 

Further suppression of fact shall be a legal wrong. 

Further for your information multiple properties situated at different locations must be bequeathed in one will only. 

Probate in such cases must be obtained from  the jurisdictional  district court where any such property is situated. For all properties in any one state, combined probate for all properties situated in that state  can be obtained from High Court of that state. 

For any property situated in foreign country probate must be obtained from the jurisdictional court of that country. 

For any further clarification you can contact here. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. Except the ancestral property , all the WILL are legal , as a WILL cannot be executed if the property is ancestral . 

2. You need to file separate probate petition for each WILL 

3. You can submit the details of the WILLs , but for becoming owner legally , you need to file Probate petition. 

4. Yes

5. Probate

6. Yes

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

1. All those wills are valid as per law.

 

2. It will be prudent on your part to file separate applications seeking grant of probate of all those wills.

 

3. You can file those wills while challenging the said partition suit after applying for probate.

 

4. Grandfather's  properties will first be inherited by his sons and daughters.

 

5. You shall have to file the probate applications first since without the grant of probate, will has no value more than a scrap paper. Thereafter you shall have to file the probate applications before the Court while contesting the partition suit.

 

6. In which State you want to buy the agricultural land? In most of the States like Karnataka, Maharashtra, Agricultural land can not be purchased by non agriculturists.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Will should be valid 

 

apply for probate of will . It is judicial proof that will is genuine 

 

3) Property which has remained undivided for four generations is ancestral property 

 

4) property inherited from father is not ancestral property 

 

5)   Court does not go into title of property in probate proceedings 

 

6)it would be decided by court in suit proceedings 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

In last will there must be reference to all the previous wills. Except this it would be difficult to prove intention. 

It would be complicated for both court and the litigants. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. The thoughts of your lawyer or your understanding about the validity of all the Wills on the advice of your lawyer is not legally correct or maintainable in law. 

The last Will only would be enforceable. If your grandfather was reported to be educated and prudent with sufficient knowledge about law,  he wouldn't have prepared umpteen number of Wills at his whims. 

The partition suit is a different subject to that of the validity of number of Wills,  don't be misguided by the incorrect opinion or ill advises of half knowledge people.

2. The property inherited by your grandfather from his father is not an ancestral property in his hands, hence he need not share this property at any force or compulsion by anyone. 

It becomes his own and absolute property hence his next generation people cannot claim any share in it as a right because it is not ancestral property hence not maintainable in law. 

3. Since it is not ancestral property,  he can bequeath the property as per his wish on the basis of clear and marketable title on his name. 

4. The above answer suits this question too. 

5. Same as above. 

6. You are right. 

7. You  first file an application to  get yourself impleaded in the partition suit, if your application is allowed and you are permitted to participate in the lawsuit,  then you can think about the future issues provided you get a decree and judgment in your favor. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

I am to write you again to refer section 281 of the Indian Succession Act for your satisfaction and better understanding by your own intelligence where contradictory and differet views are given. 

This only for you should get a satisfactory understanding about your legal issues from this forum. 

Sec. 281reads as follows :

Verification of petition for probate,  by one witness to will -

Where the application is for probate , the petition shall also be verified by at least one of the witnesses to the will ( when procurable ) in manner or to the effect following,  namely :-

" I (C. D.), one of the witnesses to the last will and testament of the testator mentioned in the above petition , declare that I was present and saw the said testator affix his signature (or mark)  thereto (or that the said testator acknowledged the writing annexed to the above petition to be his last will and testament in my presence) ."

Further you are also requested to refer section 276 of the said act wherein it is provided that the applicant/ petitioner must give a statement to the effects that the writing annexed is the last will of the testator. 

 

You are therefore advised to discuss the issue with reference to these two sections with your local lawyer.

 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. Not only intension, there might be technical defects also in writing will which might be contested by the opposite side for which applications for probate for all the wills separately has been suggested.

 

2. His deceased father's properties will be inherited by all the legal heirs of his said deceased father.

 

3.4 & 5. Property inherited from his father is not considered as ancestral property. Ancestral property is defined differently.

 

6 & 7. Availing grant of Probate is always suggested . Probate gives legal seal on the will put by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer