property matter
Querist :
Anonymous
(Querist) 01 August 2011
This query is : Resolved
my father mr.malla reddy is sucessed by 2 sons AKASH REDDY, NISHANT REDDY. i being the eldest son, based on a willdeed executed by my father in year 2003 and attested by one withness. i filed the suit for a partition. in that my brother filed a writen statement denying the willdeed of 2003. and for claiming right,and a another willdeed of 2002 alleged to have been executed by my father but,in the cross examination by my council, my brother admited that willdeed of 2002 does not bare the signature of my father. and further the witness examined by my brother pertaining to his willdeed, also admits that is not aware about the contents of willdeed but he says he signed the same as withness.
where the witness in my willdeed of 2003 as admited the contents of willdeed and so further stated that he signed as a withness in the presence of one person.
sir, in view of above facts and circumstances will i succeed based on my willdeed of 2003.
R.Ramachandran
(Expert) 01 August 2011
If two wills are there, the WILL that was exexuted later will be valid, provided its genuineness is proved.
Further, a witness is not required to know the contents of the WILL. The witness is only for the limited purpose of evidencing that the Will was signed by the Testator and nothing more.
Raj Kumar Makkad
(Expert) 02 August 2011
In the given facts, only you shall be winner and alleged willdeed of 2002 which even do not contain the singnature of testator is invalid and i liable to be treated as a waste paper.
prabhakar singh
(Expert) 02 August 2011
As per law it is the last will that has to prevail and not the earlier provided it has been testate legally,but YOU SAY"based on a willdeed executed by my father in year 2003 and attested by one witness" SO IN MY OPINION IF WILL PROPOUNDED BY YOU IS ATTESTED BY ONLY
1 WITNESS AND NOT BY 2 ATTESTING WITNESSES ,I AM SORRY ,IT CAN NOT IN LAW BE DEEMED TO BE A WILL.SO BOTH OF THE WILLS MAY FALL THROUGH AND PERSONAL LAW OF INHERITANCE WOULD BE APPLIED IN SUCH CIRCUMSTANCES BY COURT.
