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
Thanks all, As per local lawyer In all the Registered wills of my grandfather, intention is very clear about the beneficiary and also his wishes is very clear and no conflict, only to mention the source of acquisition he made different will on his different property. And also according lawyer Different property also proves that he is well sound minded to visit Register office multiple times and execute wills on different property with the same intention and also in partition suit objection filed by him is very clear he is against the daughters about his view towards self-acquired property and the intension. So Questions from my side
1) When Intention and wishes is very clear and also based on objections in partition suit. Is Separate register wills on separate property should be valid right ? objection can be raised on what basis permissible under the law?
2) As per Ancestral property inherited from his Father self-owned property only son, As per local lawyer, share of my grandfather is 1/2 and remaining 1/2 will be shared by all his class 1 heirs(wife and children's), is this division Is correct w.r.t his inherited property ?
3) Will on Ancestral property can we considered valid w.r.t his share ?
4) Will on Ancestral property is completely illegal under law, is it void and should be destroyed?
5) If will on Ancestral property is completely illegal then what happen to his share of the property?
6) Probate is not mandatory in Karnataka state?
7) incase Probate is not mandatory in Karnataka, i can implead myself in the partition suit with Registered will then based on court judgement, if i then do khata transfer process in sub-registration office, it could be allowed as per the law?
Asked 3 years ago