Two wills found of deceased mother


my mother has made a registered will of which a copy is given to me by the executor dated 2013 which states 50% of property to me i am the only daughter ,i have 3 brothers who live in same city where my deceased mother lived i went again now as they wanted to check personal belongings of my mother ,and there was another will which is only notarized dated 2019 2019 will has equal property division between 4 but all bank accounts /fd/locker is not mentioned in will i orally agreed as one of my brother kept asking for my agreement for 25% division of all movable and imovable property of my mother then on next day itself he brings a letter stating memorandum of family arrangement and putting pressure to sign which states i wont revoke the notarized will i dont have the trust whether after signing would they even give the money or include my share in property also as checked with banks there they would give the money to nominee only
 
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subregistrar/supdt.(retired)

A last "Will" whether registered or not will come into force from the date of death of the testator.  so the Will  written by your mother in the year 2019 comes into force. You have  not mentioned whether your father is alive or not.  All the legal heirs of your mother have equal rights over the properties including immovable.  And it is better to execute a partition deed between you and your brothers to avoid legal complications.

 
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Retired employee.

In such cases approach to District Legal Services Authority and reduce the settlement to the status of award which can not be challenged in lower courts and the signatories can not go back on their promises and agreed to terms and conditions.  This service is free of cost.

 
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Lawyer

Last will executed by testator shall prevail over previous, despite the fact it is notarized.

In case of dispute get the will probated by competent Civil Judge.

It is better to consult a local prudent lawyer for appreciation of facts/ documents/ agreement, professional guidance and necessary proceeding.

 
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my father had been divorced 20 years back and is not alive too sir what about banks /FD and lockers as when approached them they informed them that they would give to nominee only ,also i am unaware of all her accounts also they want me to sign the memorandum of family arrangement ,i am not assured whether i would get the 25%share also in all as they dont seem to be transparent
 
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Advocate

Yes, the last Will prevails, even if unregistered; as a consequence, the earlier Will, inspite of being registered, stands revoked.

The Banks are required to entrust the deposits to the nominee, However, the nominee is a only a trustee and he/she is unde obligation distribute same among the legal heirs/beneficiaries of the Will.

 
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how to ensure transparency and that after taking the money from bank they would give ? also for 25% of property how to ensure that they would include my name in property paper the second will doesnt seem to be created by my mother even though its notarized. i cant trust one of my brother .and he has taken the other two brothers in confidence hence evn though i have agreed 25%to all ,how to ensure safety and security for me
 
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Advocate

will although registered can be challenged in the court of law. The mere fact that a will has been registered will not, by itself, be sufficient to dispel all suspicions regarding it. A registered will may not be the last testament. A new will made, even if unregistered, if valid, will trump the registered will.

Was your mother alive at the time of making this second and last Will?

Did you recognise or confirm the signature to be her signature or not in the subsequent Will?

Do you have any doubt about the subsequent Will, if so you can challenge the same through court of law if they are trying to enforce the Will.

 
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Advocate

If you are the nominee  to her bank accounts and the FDs then the bank will allow you to withdraw the amount remaining in such accounts provided they are not restricted by an order of court to not to disburse the amount to the nominee.

In such a situation you may retain your share of 25% and disburse the balance amount to all other legal heirs.

 

 
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Advocate

If you are the nominee  to her bank accounts and the FDs then the bank will allow you to withdraw the amount remaining in such accounts provided they are not restricted by an order of court to not to disburse the amount to the nominee.

In such a situation you may retain your share of 25% and disburse the balance amount to all other legal heirs.

 

 
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