will matter

sumanta murmu (Querist) 09 December 2010 This query is : Resolved
my grandmother(widow) has property in her name.
In order to grab all property my uncle made a will deed paper and made
my grandmother to sign on that will paper.
the will paper had been registered.
that was done without grandmother's knowledge.
in reality, my uncle doesn't look after my grandmother.
after the event my grand mother came to us and living with my family.

according to local lawers suggession, my grandmother appealed to court
that my uncle made her fool.
my father died last year.(3rd nov 2009).
due to family crisis my grandmother was unable to continue the case.
and the case was expired(january 2010).

now my grandmother wants to give all the property to me as i am her
grandson and taking care her.
that is her last will.....

my grandmother is very old, 85years.

so, in order to fulfill my grandmother's desire what should i do?
can my grandmother cancel the previous will?
can i get all the belongings(property) of my grandmother?

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Adv. Satyendra kumar chauhan (Expert) 09 December 2010
Yes your grandmother can make will in yours name and you get it registered and thereby old one will itself cancelled . so do hurry make it faster and you will become sole owner after your grandmother.

sumanta murmu (Querist) 10 December 2010
thank you very much sir for your faster answer....

Devajyoti Barman (Expert) 10 December 2010
Yes , your grand mother can execute another Will by virtue of which the previous Will shall be treated as cancelled. But keeping her old age and nature of your uncle in mind it would be advisable if your grand mother makes a gift of her properties.

s.subramanian (Expert) 10 December 2010
You better take a gift deed now itself.

G. ARAVINTHAN (Expert) 10 December 2010
Last written will is the valid one

Y V Vishweshwar Rao (Expert) 10 December 2010
It is true a subsequent Will deed will cancel the previous Will Deed as mentioned above . How ever , in view of the Old age of GM , it is better to Execute and Register the Gift Deed in the Sub Registration Office by making it public known and relatives and the GM should present before the SRO along with relative and personally admit the execution of will deed in your favour and get it registered and it can be mentioned in the said Gift Deed that all the Will deeds if any executed by her stands cancelled . In view of her old age keep a doctor as Witness to the Document and as well as to the transaction of the Gift Deed execution , admission and Registration of the Gift Deed in your favour. Take all precautions to avoid any disputes on the Gift Deed by your uncle ,

Kirti Kar Tripathi (Expert) 10 December 2010
A will can be revoked by expressively of impliedly and a new can be executed by a executor. in case, a subsequent will is executed, the earlier will get lost its effect under the law by necessary implication. But still a dispute regarding validity of the same and physical condition of the executor remain exist. To avoid these circumstance, it is better to get gift deed in your favour, which will avoid all the future disputes.