challange of a registerd will by a nin registerd only public notary will

Querist : Anonymous (Querist) 23 June 2011 This query is : Resolved
respected all d members of d site, i jst want to ask d question about a case which have been in progress ..
my grandfather had a house registerd under his name.. and he had amade a will in 1991, and also registerd it,,,where my dad was only named woner of dat house. and he also writtend a clause if he would make a new will in futre ,, he would registerd it,,,in case it the new will nt registered it would nt binding on my property also if my signatutre is there,, bt inn 2003 he immidietly died ... currently my fathers family and his elder brother is residing at thaht house.. bt due some dispute last year b\w us.. my fathers sisters came and said i have new will under wich she also have 20% share.. my father elder brother have 40% share, and my father have 40% share ,,, bt in that eill is no clause about the revocation of the previous will, and it also os not registerd.. it is a notary will,,,
in current a case is goinon on meerut lower court ,, wich has been filed my fathers sister,, how would you see the cahalange o previous will

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Querist : Anonymous (Querist) 23 June 2011
please ,, sir reply as early as possible

prabhakar singh (Expert) 23 June 2011
challenge notary will of fathers sisters

in court stating it bad in law.

Kirti Kar Tripathi (Expert) 23 June 2011
A will is always revocable during the life time of author of the will. The earlier will is revoked automatically by second will. Registration of earlier will have no effect on it.However, the fate of case will depend on the evidences led by the parties.

Querist : Anonymous (Querist) 24 June 2011
reply to kirti kar tripathi sir ,, that the clause written in the old will by my grandfather tht "if he would make a new will he wold surely make it registerd, and in in the case a will without registration is presented after his death , it wold not not binding on his property even it has his signature and vittnest also... is this clause help in the winning of new will

Kirti Kar Tripathi (Expert) 24 June 2011
The will of your grand father is conditional and that condition is/was binding on your father, if this condition is not fulfilled by your father or any unregistered will of your father is presented, this clause of your grand father's will shall have overriding effect on the unregistered will of your father and same could not be executed.

Querist : Anonymous (Querist) 25 June 2011
then , the new will is a notary will and that notary is not a govt authority,,and the new will is just 2 months earlier of the death of my grandpa,,, andd after the death in 2005, my aunt didnt said anything about the new will till 2010 and after the dispute she disclose it ,, thus it can be a fake will , how it can be proved in court