MY GRANDMOTHER (HINDU) EXPIRED IN 2016.SHE RESIDED IN A 1 BHK FLAT IN MUMBAI.SHE HAD MADE A REGISTERED WILL IN 2011 THAT THE PROPERTY WILL BE TRANSFERED TO HER GRANDSON (ME) AND NOBODY ELSE .SHE HAD TWO SONS(MY FATHER WHO EXPIRED) AND THREE DAUGHTERS.
BUT AFTER HER DEATH I (GRANDSON) CAME TO KNOW THAT THE ORIGINAL WILL IS MISSING FROM THE HOUSE .I OBTAINED THE CERTIFIED COPY FROM THE MAGISTRATE OFFICE .BUT MY UNCLE(GRAND MOTHER'S SON AND HER THREE DAUGHTERS) AND MY AUNTS ARE INSISTING THAT THE WILL IS TORN BY MY GRANDMOTHER AND NOW ALL THE LEGAL HEIRS WILL GET THE PROPERTY DIVIDED EQUALLY.
NOW HAVING THE CERTIFIED COPY WHAT SHOULD I DO? WILL I BE ABLE TO TRANSFER THE HOUSE ON MY NAME(GRANDSON) .THE EXECUTOR IS ALSO INSISTING THAT THE WILL WAS TORN. I AM HELPLESS AS I DONT HAVE ANY OTHER PLACE TO LIVE.WHAT ARE THE CHANCES THAT I WILL TRANSFER THE HOUSE ON MY NAME DURING THE PROBATE
You can use the certified copy of the Will to file a probate application. If the Will is registered then it can only be revoked by a written document and not by tearing up the original Will.
Your relatives shall have to prove that your Grandmother had revoked the Bill by producing evidence that she had executed another document / codicil invalidating the original Will. You can also file a case against your relatives accusing them of destroying the original Will.
The probate application shall have to be filed before the Honourable Bombay High Court.
A certitied copy may be used to obtain probate over the said will.However the burden shall be on you to establish why the said will isnt in original and as to the fact as to who destroyed the said will.
I am not in agreement with Shri Kumar Doab. In case gistered Will, the original is given to the Will maker and only a copy is retained in Registrar Office. My Fathe's Registered Will was with me.
On the other hand my Mother's unreigistered Will was probated in the High Court O Madras, the Original was retained in the custody of the Registrar of the High Court and IO was given a High Court Seal embossed Photo Copy (NOT a Xerox). When I was selling that property, the buyer wanted to see the original and the Registrar of High Court allowed him to see it only in my presence. In such cases the presence of Executor of the Will or the beneficiery is necessary.
Shri Sunit Gupta & Shri Augustine Chatterjee have amplified enough