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Prathibha M   24 June 2020

regarding last will

hello sir I am from Mysore my query is regarding a will my father-in law has 5 children among which the elder son and 2 sisters are first wife children after death of first wife due to illness....second wife was married she has 2 son....the first wife son created some conflicts in the family n chased step mom out n stayed with it's been 7months my father-in-law has expired and only elder son if first wife knows everything about the property(self acquired by father-in-law) n it's division and the last will everything...he says he needs 1 year to reveal the content of will n he says us that major portion are given to me n then small piece of land is to the second wife family and I will not show the will copy to can we know Abt it(will) in detail n what can he do within the tym period that he is asking for(1yr)..can he cheat or forge and can we challenge...why that one year tym... he has submitted a notarized copy to corporation to change the name of the house...he confuses us and threatens us...plz guide us what to b done...kindly reply


 10 Replies

G.L.N. Prasad (Retired employee.)     25 June 2020

You can file such an application and seek copy of the will from the Registrar's office as per the laid down procedure.

Prathibha M   25 June 2020

I checked in the register Office they asked me number I don't have n somehow I managed to get it but register Office record says no such number and date exist in which the will is prepared...

G.L.N. Prasad (Retired employee.)     25 June 2020

Contact some advocate or consultants that have their kiosks near the Registrar's office.  They can search and find it out if there is really a will.  The presumption is that there must be a will in view of the complications in the family.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 June 2020

If the above person is amenable for counselling by Elders, have a family meet and get the matter resolved. Of course, if he is stubborn and does not care anybody, you shall have no alternative excepting approaching Court of Law.


Then contact a good and dependable Lawyer and get a case filed against the person who is withholding the Will, seeking partition as per the Will. He shall be forced to show the Will or if there is none, he has to admit it. In the former case, since the Will is out, the contents shall be known and the authenticity of the Will also shall be subject judicial scrutiny.  In case, he admits there is no Will, Court shall ensure the proper partition of properties among all the Legal Heirs including the Second Wife (as she was married only after first Wife's death).

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Prathibha M   25 June 2020

sir thank you very much for the guidance you all have offered it meant a lot for people like me who have no idea regarding such things....

sir can you please suggest me some good lawyer regarding such cases in mysore.

one more thing sir my father-in-law had some Amount deposited in the railway bank and soon after the death he has closed the account and has claimed the amount but the bank( bank where he was receiving the pension) says the passbook has his name has nominee he complete authorised to get the saved beneficiaries or as a second wife children do they have any share in it...even this was not disclosed but accidentaly we came to know...

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 June 2020

Second Wife Children have every right to get equal share in the estate of the deceased father who died intestate.  If there is a Will, whatever is written in the Will shall apply.

G.L.N. Prasad (Retired employee.)     25 June 2020

It is the discipline of the forum that a post should cater to one specific issue and the issue raised in Post first query was:  LAST WILL

The post and replies must adhere to the will only.

You can not divert this topic to some other issue "Validity of nominations"

Search in the forum as you have many such forceful discussions with two different views.  However, if there is a mention of such bank accounts in will it prevails.

Normally the NOMINATION is a direction to the Banker that he can settle that amount in favor of so and so and according to some experts, the nominee is a trustee only.

Some consider him as an absolute owner due to nomination given to the Bank for settlement of the claim in case of death.

However, if you wish to file a partition suit, you can demand for a share in each and every property owned by the deceased.

Contact a local advocate who can provide meaningful guidance. Go to Mysore, establish contacts and entrust the case to a sincere advocate.

Do not purchase further problems by selecting the wrong one, as locals have an advantage.  

Once a notice is issued, facts emerge one by one.


Dr J C Vashista (Advocate)     25 June 2020

File a suit for partition of the property, impleading all LRs (children of first wife + second wife and children born from this marriage) through a local prudent lawyer, you will get due share in intestate property of the deceased.

P. Venu (Advocate)     25 June 2020

Yes, the only option is to file a suit for partition equally among all the legal heirs, pleading that all the properties were left intestate and hence jointly vested with all the legal heirs. It is for the elder son to plead and prove the Will, if any,

Irrespective of the nominee and the funds disbursed by the Bank(s), all such movable properties are jointly vested with all the legal heirs. The nominee is just a trustee on their behalf.

Prathibha M   01 July 2020

My heartfelt gratitude to repective dignitaries for your valuable meant a great help to me.

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