Registered will got leaked.

This query is : Resolved 
 


Querist : Anonymous (Querist)
01 April 2020

Dear Sir/Madam,

My Mother has written a WILL and got it registered in the registered office. She has excluded my elder brother's name in the will.

My elder brother already got his share which is more than what remaining brothers are going to get. He also sent some people to our home. they attacked us including my mother who is 60 years old and gave us a warning. So that's is the reason my mother got scared and worried about remaining brothers. So she wrote a WILL excluding my elder brother's name in it. She mentioned in the WILL that all properties on her name should be shared equally among brothers(not to elder brother).

Now somehow my elder brother got that copy of the WILL from the registered office. I am not sure how did he get it. he might have bribed the government officers in the office in order to get it. He is also sending threat messages from anonymous mobile numbers.

WILL is meant to be revealed in case if anything happened to our mother, right ?. But somehow it has been leaked.

So my question is,

can my elder brother approach legally( through court or police station) to cancel the WILL?
can he challenge against that WILL in the future?
how can we take actions legally against him for sending us thread warnings?
can we take any legal action again to registered officials as WILL got leaked?

Really grateful to you for your help and for guiding us on the right path.

Thanks a lot in advance.


Raj Kumar Makkad (Expert)
01 April 2020

1. No. Your brother cannot legally initiate any action either against your mother or any of you on the basis of the registered will of your mother as she is still alive.

2. Yes. Your brother can challenge the said will in future after the demise of your mother as almost every will is subject to litigation among the beneficiaries and other remaining beneficiaries.

3. Make complaint to the police authorities against your elder brother and all his companions.

4.Lodge a written complaint with the Registrar and higher officials.

Rajendra K Goyal (Expert)
01 April 2020

You said:
can he challenge against that WILL in the future?
Reply:
He can challenge, in case of Registered will chances of success are reduced.

You said:
how can we take actions legally against him for sending us thread warnings?
Reply:
Your mother / the person who is threatened can lodge police complaint, if he does not stop.

Rajendra K Goyal (Expert)
01 April 2020

You said:
can my elder brother approach legally (through court or police station) to cancel the WILL?
Reply:
No, he can not get the will cancelled.

You said:
can he challenge against that WILL in the future?
Reply:
He can challenge, in case of Registered will chances of success are reduced.

Rajendra K Goyal (Expert)
01 April 2020

You said:
how can we take actions legally against him for sending us thread warnings?
Reply:
Your mother / the person who is threatened can lodge police complaint, if he does not stop.

You said:
can we take any legal action again to registered officials as WILL got leaked?
Reply:
It is doubtful any action would succeed.

Rajendra K Goyal (Expert)
01 April 2020

You said:
Really grateful to you for your help and for guiding us on the right path.
Reply:
You can revert in case of further information required.

If the will was to be kept secret, there was no need to Register it, Unregistered will is also valid. Witness should be confidential and reliable.
If your mother is senior citizen, she can approach district Senior Citizen Helpline.

Raj Kumar Makkad (Expert)
01 April 2020

If will is registered then its copy can be given either to the testator or to the beneficiary and no other person legally can obtain it so if its copy has been given by the office of the registrar then the erring officials can definitely be got prosecuted.

Raj Kumar Makkad (Expert)
01 April 2020

What is the guarantee that the elder brother of the author shall not tease or harass if fresh will is got registered?

He may again obtain its copy and repeat his behaviour even with more harashness so not advised to change the will at all.

This is with reference to an advise offered by one of the experts.

Raj Kumar Makkad (Expert)
01 April 2020

It is correct that registration of the will is not mandatory but this is equally correct that a registered will gets more reliance than an unregistered.

Rajendra K Goyal (Expert)
01 April 2020

Agree with the expert Raj Kumar Makkad ji taht copy of Registered document can be obtained from Registrar Office.

Raj Kumar Makkad (Expert)
01 April 2020

I have mentioned that the copy can only be obtained by testator (obviously during his life time) or beneficiary after death of testator. It doesn't say that any one can obtain.

Rajendra K Goyal (Expert)
02 April 2020

Agree with the expert Raj Kumar Makkad ji, testator can get copy of the will from Registrar office.

One way is to cancel the will, send the cancellation information to elder brother.

Get another will executed, unregistered this time.

P. Venu (Expert)
02 April 2020

How is it that the elder brother has already got more than what others are going to get?


Querist : Anonymous (Querist)
02 April 2020

To P.Venu Sir,

Six years back Our father gave him 2crs for his business investment. Now the worth of properties that are going to be distributed among 3 people, is around 1.4crs. it's not even close to the amount that our father gave him for his business six years back. He is well settled and in a good position financially. but still expecting a share and treating us.

Raj Kumar Makkad (Expert)
02 April 2020

Your father need not to worry and should continue to have the same will without any pressure from any side. It is his desire which should prevail over his will rather of any of his legal heirs who so ever he or she may be.

P. Venu (Expert)
02 April 2020

In my considered view, it is not much of importance that the elder is in the know of the Will, either through leak from the Registrar's Office or otherwise; it is not much of an issue. The real issue is that he has chosen to take law in his hands to intimidate his mother and siblings. You need to file a criminal complaint against him.

So also your mother, esp. because she is a senior citizen, can move the prescribed authority seeking protection against such activities.

In both the petition/applications, it could be mentioned that the reason for his unruly behaviour is because of the Will executed and registered. This aspect, being thus brought on the public records, would be much helpful for defence if he approaches the Court, , in course of time, challenging the execution of the Will.

Rajendra K Goyal (Expert)
02 April 2020

Agree with the advice from expert P. Venu ji, senior citizen helpline is good option to get rid from such threats.

T. Kalaiselvan, Advocate (Expert)
02 April 2020

Your brother cannot get your mother's Will cancelled for any reason, because the Will shall come to force only after the lifetime of the testator i.e., your mother.
There are chances that he may create unnecessary problem when you try to enforce the bequest made in the Will when the Will becomes enforceable.
But since it is a registered Will, his challenges can be overcome.


T. Kalaiselvan, Advocate (Expert)
02 April 2020

If he is threatening or sending any legal notice, you can either lodge a criminal complaint against him with the local police or you can issue a reply notice through your advocate denying his allegations and also warning him of legal consequences if he indulges in such illegal activities.

T. Kalaiselvan, Advocate (Expert)
02 April 2020

Since it is a registered document, the registrar cannot object to application filed by the applicant seeking the copy of the registered document/Will.
Hence there is no illegality in he obtaining the copy of the Will.
No such proposed action against the staff of the registrar's office shall be maintainable.

T. Kalaiselvan, Advocate (Expert)
02 April 2020

Your mother has an option to cancel the Will and transfer the proeprty by executing a registered settlement deed in your favor with a condition that she shall continue to enjoy the property till her lifetime and that the property can be acquired by you and your brother after her lifetime.
This deed cannot be challenged by him at any stage because the property was transferred by your mother by this registered settlement deed during her lifetime.

T. Kalaiselvan, Advocate (Expert)
02 April 2020

There is no necessity to be frightened or scared over his illegal threats and atrocities.
Your mother can lodge a criminal complaint not only before the police but also can approach the senior citizen's welfare tribunal with a complaint against him for harassment and life threats to her by him.
If he is threatening you, then you also can take legal action against him through police or by issuing a legal notice to him.

Dr J C Vashista (Expert)
03 April 2020

Copy of the registered will can not be provided to "third" party i.e., except testator and beneficiary (when applied).
If your brother has managed to get it (copy of will) and your mother came to know,she should file criminal complaint and prosecute the Sub-Registrar as well as your brother.
I do not subscribe to the advise of making a "settlement" over and above a "registered will".

Dr J C Vashista (Expert)
03 April 2020

The "Will" can not be cancelled by any person other than the testator (your mother in the instant case).
Neither the police nor Court has the jurisdiction/ power / authority (not to speak of your brother) to cancel the registered "will" during the life time of your mother. However, she (your mother) may cancel it by registering a cancellation deed or executing another (fresh) "WILL".

Dr J C Vashista (Expert)
03 April 2020

Since the "Will" shall be operative after death of the "Testator" (your mother) it can be challenged. However, if the petitioner/plaintiff has sufficient evidence to prove that the subject will was executed against the law it can be cancelled by competent court, which is generally (not specifically) declined/ dismissed.

Dr J C Vashista (Expert)
03 April 2020

You have sufficiently be obliged by experts, for further queries it is advisable to consult a local prudent lawyer for proper analyses of facts/documents, professional guidance and necessary proceeding.

Sudhir Kumar (Expert)
03 April 2020

agareeing with Learned experts above. I will add that since the WILL is registered document a copy of the same can be applied by anyone on street by depositing the requisite fee.

Nothing illegal for your brother to have got a copy of the same.

Raj Kumar Makkad (Expert)
03 April 2020

@ Sudhir! Kindly refer to your last comment in the light of section 42 of Indian Registration Act, 1908 which is re-produced as under:

Deposit of wills.—Any testator may, either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.

Though it is registered document but still it remains under seal cover which can only be obtained by the testator for any purpose which may for cancellation or change or whatever it may be or after his death by the beneficiary only on showing the death certificate of the testator.

There are administrative instruction also on this point.

Sudhir Kumar (Expert)
04 April 2020

Thankfully enlightened by the views of Mr Makkar.



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