Strange case of a will
Dr G V Rao
(Querist) 06 September 2011
This query is : Resolved
This is a very strange case of a person who executed two wills and am posting this here for discussion. 'A' executed a WILL in 2000 bequeathing his property to his Wife. This will of 2000 was properly registered in presence of witnesses, the testator 'A' and medical doctor . Later in 2006 just before his death he revoked his will of 2000 and executed another WILL mostly identical to the WILL of 2000 but this time he mentioned of the earlier WILL of 2000 and that he was revoking it and freshly bequeathed his property to his daughter. This WILL was executed in presence of witnesses but not registered and without a doctor's certificate. Now the latest WILL carried a clause that the WILL will be enforced 4 years after the testator's death. Now both the wife and daughter of the testator have two wills and wish to proceed to stake claim on the property. Now what is strange is that the wife who held the earlier WILL never shared this information with the daughter and never attempted to get the WILL executed for mutation or change in ownership of property after the death of the testator in 2006 till todate. Under such situation what are the chances of the daughter vis-a-vis to the wife in such scenario. Opinion could be posted.
Raj Kumar Makkad
(Expert) 06 September 2011
The will in the possession of daughter is subsequently made so she after waiting for 4 years should file a civil suit for possession of the entire property as per will in her hand. Let her mother come in the court. The subsequent will is required to be proved with the help of attesting witnesses. If it duly proved, daughter shall get entire property and she loses and earlier will is held valid then the situation shall be opposite.
Raj Kumar Makkad
(Expert) 06 September 2011
One thing I make clear. this is not a strange situation. Generally will related disputes are of similar nature.
ajay sethi
(Expert) 06 September 2011
the will of 2006 will prevail . it revokes all previous wills made by testator . since it has been executed in presence of witnesses it is sufficent . registration is not necessary . daughter ought to apply for probate of will .
prabhakar singh
(Expert) 07 September 2011
A testator is allowed in law to make as many Wills as he want till he is alive.So the law honors the LAST WILL.
The law is also that as on the date will is sought to be enforced ,the courts should look upon it very suspiciously as the testator is dead and not available to admit that he really made the Will.
In the instant case if both are proved beyond doubt then last Will shall prevail or if last falls the proof and earlier stands proved then earlier will prevail,one must not listen it surprisingly that in case both will fall the mark of proof ,the inheritance shall be governed by law and not as per any of the WILL.
Dr G V Rao
(Querist) 09 September 2011
Thanks a lot to dear colleagues who have graced their opinion on my Message. Friend Makkad did comment that it is not strange. I claimed it to be strange because the testator is one and the same person but adopted two methods in making his WILL. To his wife he gave a registered WILL and to his daughter he just executed it in presence of witnesses. I presume that he wanted the property to be with his wife and made it perfect. He wrote another WILL maybe under pressure from his daughter but a weak one. Either way thanks again to all of you.
