• Two wills - one registered and one unregistered

Consider the following cases of grandfather's wills:

1. Old "registered" will with no executor mentioned and 3 floors of property given to 3 sons [1 floor each] and money to be distributed among 3 sons and 2 daughters. Daughters do not have a share in property. testators wife [grandmother] to distribute the property after his death

Change in situation: grandmother expires, one of the sons expire [the 2nd eldest son]

2. New "Unregistered" will states that the floor given to the expired son be now given to his widow and clearly mentions the death of my grandmother. The other distributions remain the same - This will has two witnesses and the witnesses have submitted their affidavits saying the will was written in front of them without any pressure on the testator. The eldest son has been made the executor in that will

Present scenario: the youngest son has filed for execution rights based on the first will saying that he doesn't know of any other will, which is false, as the lawyer who made the will read the will in front of the entire family after my grandfather's death.

Questions:

1. Do we need to file probate for the will #2? [probate is not mandatory in delhi]
2. Does the case filed by the youngest son has any value in the court?
3. How should we proceed with the case?
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu
1) apply for probate of second will . since there is dispute among legal heirs advisable to apply for probate of second will 

2) you should oppose grant of probate of first wil as it stands superseded by second will 

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
36471 Answers
2030 Consultations

5.0 on 5.0

1. The registration of a will is not mandatory. During his lifetime the testator is free to revoke his will and write a fresh one any number of times. The subsequent will is an automatic revocation of the previous will regardless of whether it is registered or not.

2. If the will relates to property in a jurisdiction where probate is mandatory then it should be probated. 

3. The defendants should contest the case on the basis of the second will.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

1. Though probate is not mandatory to be filed for properties located at Delhi, the will shall be given a sea by the Court if probate is obtained from the court.

2. The case filed by the younger son has no leg to stand.

3. Contest the case filed by the younger son wherin the matter of the second will shall face legal scrutiny.
Krishna Kishore Ganguly
Advocate, Kolkata
15523 Answers
377 Consultations

5.0 on 5.0

1. Do we need to file probate for the will #2? [probate is not mandatory in delhi]

If there is a dispute on the execution of the latest will, then you may apply for grant of probate. 


2. Does the case filed by the youngest son has any value in the court?

Depends on how you defend yourself and on the merits of his case.


3. How should we proceed with the case?

You can file a probate case before the court competent to establish the will after which your brother has to obey the court judgment.
T Kalaiselvan
Advocate, Vellore
26435 Answers
268 Consultations

5.0 on 5.0

There is no question of first will or second will.
If there exists a subsequent will an it is relief upon the old will or all the previous wills stand cancelled with no effect on it. The latest will shall be a valid document for enforcement.
The old will is not legally valid anymore when the testator executes new one.  

In the probate case, the parties disputing the will may file a petition in that regard for which you can raise your own objection and get the petition dismissed if the situation is not in your favor. 
T Kalaiselvan
Advocate, Vellore
26435 Answers
268 Consultations

5.0 on 5.0

 if the executor appointed by will refuses to apply for probate beneficiaries under will can apply for letters of administration of will 
Ajay Sethi
Advocate, Mumbai
36471 Answers
2030 Consultations

5.0 on 5.0

1.Yes, anyone or more  of the respondents can file an application praying for appointment of a Commissioner as an executor of the second will.

2. The above prayer stands relevant if the second will is not challenged by any of the respondents.
Krishna Kishore Ganguly
Advocate, Kolkata
15523 Answers
377 Consultations

5.0 on 5.0

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