Probate
Querist :
Anonymous
(Querist) 12 January 2012
This query is : Resolved
My sister is holding a WILL made by my mother in 1995.Mother expired in 2004.In this 1995 WILL she had given entire property to my sisteras an arrangement in our family for certain reasons.
In year 2000 mother made another WILL after I myself got married.My sister was holding both the WILLs.She told mother that since new WILL is made in 2000 she has teared off the old will.
After my mother's sad demise,sister produced the old WILL of 1995 and looking for probate.
My query is:
1) Can she get probate without my knowlade as we both are the only legal heir to her.My Dad also expired sometime back.
2) Do the probate court consider or seek or allow me to explain the motive of the WILL of 1995.
3)This mother's property is our residence and I don't have any other place as my residence.My sister is married and has her established family house.so can she throw me out.How the court will decide my position.
Shailesh Kr. Shah
(Expert) 12 January 2012
last will is registered or not ?
After your reply, opinion can be given.
ajay sethi
(Expert) 12 January 2012
do you have copy of new will of 2000? or xerox copy?
please clarify Mr shailesh shah queries was the will registered?
Devajyoti Barman
(Expert) 12 January 2012
1. Though you can challenge the Probate of the Will of 1995 unless you produce the copy of later Will or disprove the earlier Will you have not a very good case.
2.Yes you can. It is the onus of the beneficiary or executor to remove the suspicious circumstances around the Will in question.
3. Yes , if she succeeds in getting Probate of the Will, she can file suit for eviction to oust you from the sadi house.
Advocate M.Bhadra
(Expert) 12 January 2012
Last WILL is valid,but your sister suppressing the same may file Probate Case.If she did not file the same till date then you should file a Partition Suit in Civil Court claiming your share of your mother's property.If she has already filed a Probate Case then you should file an Objection.
Querist :
Anonymous
(Querist) 12 January 2012
I do not know whether sister has filed probate or not..How come I will know.I was given a zerox copy of will of 1995 in 1995 which was registerd then.
Can I file objection on my own on the said zerox copy without trying to findout about her asking the probate.
Deepak Nair
(Expert) 12 January 2012
The legal aspects are rightly explained by Mr.Barman.
Answer the query of Mr.Shah for appropriate answer.
Shailesh Kr. Shah
(Expert) 12 January 2012
Dear author,
It is settled law that last 'WILL' is valid irrespective of previous WILLS.
If will of 2000 is registered then you are winner.
My question to you still pending.
Raj Kumar Makkad
(Expert) 12 January 2012
I have also similar opinion as expressed above in detail by my learned frinds.
Advocate. Arunagiri
(Expert) 12 January 2012
The last WILL available, will invalidate the previous WILLS.
But, you have to produce the original WILL.
prabhakar singh
(Expert) 13 January 2012
1)No!She can not but you can file caveat also.
2) Yes the court shall give you full hearing.
was the will made in year 2000 by your mother registered??? if yes then apply for its certified copy from registrar.
3)All depends on proving the second will of 2000 or making the first one contentious.
Better discuss with a civil lawyer of your area in detail.
Raj Kumar Makkad
(Expert) 15 January 2012
Prabhakar singh has opened some new information from his store.
Querist :
Anonymous
(Querist) 15 January 2012
Thanks Prabhakar singh ji...
Your advice has given me hopes to explain,under what circumstances my mother made the 1995 WILL.I have sufficient documents of 1995 itself to prove that the said WILL was made under pressure and was kept aside hidden by my sister, till 2004 (the year my mother expired).
I don't have copy of the WILL made in 2000 but my mother had shown me once and it was in her own handwriting but was not registerd.
I think I should file caveat as rightly advised by you. Prabhakerji thanks again.
