• Two copies of will of testator are active in two different sub-registrars

Hello  Dear All  

My grand father Late Shivappa ( self made man ) registered a will during his life time at Rajajinagar Sub registrar office  ( Myself & my brother are the beneficiaries)  

1)Sri  Shivappa during his life time had executed a will dated 30-01-1986,which is registered in Book No.III as Document No-xxx / 1985-86 Volume No. xx pages from xxx to xxx registered in the office of the Sub Registrar Rajajinagar Bangalore.  

2)Sri Shivappa expired on 16/7/1992  

3)It is further instructed to state that since there was a life interest created by Late K. Shivaappa at the time execution and registration of said Will in favor of his wife Smt.R. Parvathamma who is none other than our grand mother, and Smt Parvathamma expired on 17-10-2013  

4)After the death of Sri Shivappa,My uncles and aunts come up with another will dated 18-10-1991  which has  been registered on date 27-10-1994 in another Sub Registrar office i.e Kengeri,Bangalore (after the death of the testator)  which is registered in Book No.III as Document No- xxx/ 1994-95 Volume No. x pages from xxx to xxx registered in the office of the Sub Registrar Kengeri Bangalore. 

In this will it is mentioned that the earlier will dt 30.1.86 is cancelled, but the fact is that the will registered in Book No.III as Document No-xxx / 1985-86 Volume No. xx pages from xxx to xxx registered in the office of the sub Registrar Rajajinagar Bangalore IS NOT CANCELLED (as My grandfather did not execute a cancellation deed / opt for Codicil)

AND VERY RECENTLY i.e on 26/09/14 WE HAVE BEEN ISSUED A CERTIFIED COPY OF THE WILL FROM SUB REGISTRAR,RAJAJINAGAR, BANGALORE.  

5)There are 2 will copies of Late Sri Shivappa that is active at 2 different sub registrar office…one is at Rajajinagar and the other one is at Kengeri.  

6)After the death of Sri Shivappa i.e on 16/7/1992…It takes almost 2 years 3 months i.e on 27/10/94 to register the same in Kengeri Sub Registrar office Bangalore  

7)On the basis of the second will i.e dt 27-10-94 my uncles have got the Khatha transfer in their names after the death of our grand mother Parvathamma.  

Kindly advice out of the two which (WILL) is legitimate according to the Law?

can we get the khatha revoked in our favor from the BBMP?  

Thanks in advance for your valuable time and advice

Regards
Madhav
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) second will revokes the earlier will . 

2) if you feel will is forged and fabricated you can challenge the subsequent will . 

3) whether your grand father was of sound mind at time of execution of second will would have to be considered . whether your grand father was mentally fit at time of execution of second will . 

40 also verify with witnesses whether your grand father had executed second will or not
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1) it is immaterial whether second will is registered or not . 

2) once second will is executed and it mentions that  the earlier will dt 30.1.86 is cancelled earlier will ceases to  be operative . it is no longer last will and testament of testator 

3) it is not necessary to execute cancellation deed 

4) registration of will can be done after death of testator also
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1. The subsequent will revokes the earlier will regardless of whether the earlier will is registered or not. Even an unregistered second will supersedes an earlier registered will. 

2. The subsequent will can be challenged by you if you feel it has been forged and the forgery has emasculated or abrogated your share. Unless and until the second will is struck down as illegal by the court it will hold its ground for all legal reasons. The second will can be challenged by you on the ground that it was not made by your grand father out of his own free volition, and was induced by undue influence. 

3. The khatha will not be revoked as long as the second will subsists.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Second will automatically cancels the first will even if the first will is registered. No cancellation deed is required to be executed.

2. Registration of will after the death of the testator is legally permissible. 

3. You have the right to challenge the second will.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Since the testator has died at the time of second Will, it prima facie forged and manufactured document.
You on the basis of the death certificate can lodge complaint with police. If police does not ct you can file necessary application in the court of magistrate or file writ petition in high court.

Once investigation starts it is duty of the accused person to show the original document in absence of which they cannot succeed in Probate proceeding.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
1) second will is dated 18th October 1991 . testator died in 1992 . 

2) you must obtain certified copy of will . on the basis lodge police complaint of cheating , forgery , fabrication of documents . 

3) handwriting expert can opine on basis of copy of the will whether will is forged or genuine . he will compare signature on will with other admitted signatures of testator . 

4) for obtaining probate original will has to be produced . 

5) contact a local lawyer and also take legal proceedings to challenge the will
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
Hi, second will not valid since at the time of the second will shivappa not alive so it is fraudulent will and you can challenged the same in the court and also sought for deceleration that the will dated 31-01-1986 is valid and as per my opinion second will can't be a valid will and as per law and one there is no need for cancellation of the earlier will and as per law subsequent  will is valid and it is immaterial whether it is registered or not.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
In view of the fact that at the time of second will the testator was not alive it appears that the  second will is a creation of fraud. Obtain a certified copy of the will and on the basis thereof proceed to file a police complaint for forgery. Bear in mind that only a court of law can decide the authenticity of the will. Mere filing of police complaint will not help your cause. A handwriting expert can give his expert opinion by comparing the signatures on the will with signatures on other documents of your grand father. Probate cannot be applied without the original will being presented.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
A. 2nd will is not valid legally.

B. u can challenge 2nd will in civil court by filing petition.

C. as it is a civil matter police cannot do anything in it.

D. take help of hand writing expert in court to verify signatures.

E. 1st will is valid even if it is not registered.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. The 2nd Will is legitimate as it has superceeded and cancelled the 1st will,

2. You shall have to check the genuinity of your grandfather's signature to ensure that it has not been forged,

3. Probate of the Will shall have to be obtained before claiming the property as mentioned in the Will,

4. Till then the Will has no better value than a scrap paper.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Cancellation of Deed is not required in the instant case,

2. If he has apended his signature himself before the Registrar and the Registrar entered the registration number later on then it is perfectly alright,

3. Howver, as stated earlier, Will ( both registered or unregistered) is required to be probated to become operative legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. File a partition suit immediately claiming share of the said property of your grandfather,

2. If your Uncles can not submit probated Will, is claim will not be accepted by the Court,

3. If the original Will is missing, no probate of the said will shall be granted by the Court as a result of which the said property will be partitioned equally between the legal heirs of your Grandfather.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
when a person made a will and got registration then he made another will without registration... his act towards making later will raises suspicion about making, because it may be possible that later will is made under undue influence of any person. it is general principle that registered will shall supersede over unregistered will. you have enough ground to challenge it in civil court that what were the conditions that you grand father was bound to execute another will ? destroying the will is shows that there is any illegality in the will because legal document need not to be destroy. if you want to execute previous will then you should avoid to initiate any criminal case against your family member you must challenge the will in the civil court and execute previous will by the court decree. it is sure that you will succeed.
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0

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