Registered will vs notary will
Sukumar
(Querist) 22 December 2014
This query is : Resolved
One of my relatives has been given a share in a property by her deceased uncle through a registered Will (registered with Sub-registrar) very long back. Her cousin brother has produced a notary Will claiming that his Notary will supersedes the registered Will of my relative. It is mentioned in his Notary will that 'this Will supersedes all previous registered and unregistered Wills of mine'. We know very well that Notary signed Will is a forged document. But her cousin is claiming that my relative's Registered Will is a fake one and was registered by some body else and not by her uncle.
What is the best way to prove that her cousin's Notary signed Will is a fake one?
ROHIT SHARMA
(Expert) 22 December 2014
1. The issues of such subject cannot be resolved abstractly by question and answers.
2. Both such Will document need to be examined.
3. To resolve this issue needs paid private legal consultation.
4. Get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
ajay sethi
(Expert) 22 December 2014
apply for probate of registered will .notice will be issued to all legal heirs . your cousin brother can oppose grant of probate . probate petition would be converted into testamentary suit . you will have to prove that will was executed by deceased
ajay sethi
(Expert) 22 December 2014
if notary will is of later date it will supersede earlier regd will . it has to be provd by your cousin brother that said will was duly signed by deceased in presence of witnesses
Rajendra K Goyal
(Expert) 22 December 2014
Will need not be registered, Notary will is equally valid even if not registered but is of later date.
If both are signed / executed by deceased, later would prevail.
Shailesh Kr. Shah
(Expert) 23 December 2014
get handwriting expert opinion about both will.
