WILL POWER

Querist : Anonymous (Querist) 22 November 2009 This query is : Resolved
Dear sir

as my grand father(nana g) died in 2009, as he has registered a will in 2004,but when my mom and and two of my aunties (masi g) approached to him they created a new will but as he was not able to go to registrar office.
pl let me know that now there are two wills can my mother and aunties can get their share?

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A V Vishal (Expert) 22 November 2009
It is difficult to prove the wish of your late grandfather because once a will is registered the subsequent will/codicil needs to be registered too.

adv. rajeev ( rajoo ) (Expert) 22 November 2009
Always latest will prevails, here two wills one is regd., and another is uregd., both can be challenged. regd., will has got more value unless it is cancelled.

Adinath@Avinash Patil (Expert) 22 November 2009
LATEST WILL PREVAILS BUT UN REGISTERD WILL DIFFICULT TO PROOVE IN COURTS OF LAWS.

Adv Archana Deshmukh (Expert) 22 November 2009
I agree with Adinath sir. Legally, the last will of the testator would prevail but when there is a registered will, then the unregistered will may be difficult to prove.

J K Agrawal (Expert) 22 November 2009
Latest will is effective but Courts presume in favour of registered will so you are to prove second one strictly by direct evidence of two witness of execution.

Sachin Bhatia (Expert) 22 November 2009
It is very difficult to proove the second unregistered will when there is existence of another reristered will.

Raj Kumar Makkad (Expert) 22 November 2009
You have not mentioned what are the contents of both the wills without which no one can tell you whether your mother and your masi ji shall be entitled to inherit any property out of those wills or not. Second and very important thing which has clearly been ignored by all other experts is that whether the property in respect of which the will/wills was bequeathed, was self-acquired or ancestral?

If it was ancestral then no any will is going to prevail and only law of inheritance shall prevail vide which your mother and both of your masi ji shall be qually entitled to inheir the property similar to any other legal heirs of your nani ji and if the property was self acquired then last will shall prevail subject to it is duly proved before court of law failing which first will shall come into existance.

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