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Varun Aggarwal   01 December 2017

New will found after court order under indian succession act

In 1973, Sub Judge ist class, Delhi gave probate on my grandfather's registered will dated 1967. A newer will, mentioning revising regd will dated 1969 was produced by one of my Aunts (without signatures of any witnesses), who did not contest at that time or do anything all these years. Now she wants her right as per the will dated 1969. Please guide what happens in such a scenario, is it not time barred now ? The floor at the time of court order had just one room & now that floor is fully constucted, rather 2 floors above also are constucted about 10-15 yrs back.



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 9 Replies

Vijay Raj Mahajan (Advocate)     01 December 2017

The second Will has to be proved as valid by the person who has produced it in the court and without any witness that won't be possible. More so after 35 years of the first Will of 1967 being probated by the court and that was not challenged it is time bared being challenged now by bringing a new Will of 1969. To challenge the Will of 1967 by Will of 1969 that should be done in 1973 not in 2017.
1 Like

Varun Aggarwal   01 December 2017

Thanks Sir !

Appreciate knowledge shared .


(Guest)


Since she was silent for  years it means she have waved her rights . Now after decades she change stand nothing can take place this is what I feel prima facie .  

Generally such things take place because change in financial situation in family after long time or appreciation of real estate price .

But the person who wakes up late cannot see the sunrise and cannot expect the sun to wait too. 

She will go in court , her adv. will do time pass if your adv is clever he will finish of the case soon else he too will do time pass . 

Such matter if handled properly in court can get disposed of in 5-6 months in my opinion looking at court load too 

1 Like

Varun Aggarwal   01 December 2017

Thanks ! Appreciate knowledgable views shared.

Kumar Doab (FIN)     01 December 2017

The delay arouses suspicion.

The presiding officer/probate court may frown at huge delay.

You are interested party and have the discretion to obtain certified copy of the WILL and even ask how the WILL was registered per defects being pointed by you.

 

Otherwise also court can ask for certified copy from registering authority.

 

Varun Aggarwal   02 December 2017

Dear Sir,

The will was registered in 1967 & the court ordered under indian succession act as per that in 1973. The will with the lady is dated 1969 and has no witness signatures or was registered. She was well aware of court proceedings being a legal heir. But she did nothing on that , at time of proceedings. So i was questioning the situation this point of time , 44 yrs later. Thanks for extending your valuabe opininon.

Kumar Doab (FIN)     02 December 2017

You and your own lawyer can bring this fact also in the knowledge of Probate Court….if she approaches the court.

Till then sit pretty and sit tight.

1 Like

Varun Aggarwal   06 December 2017

Thanks a lot !

Kumar Doab (FIN)     06 December 2017

You are welcome.


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