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susunil (partner)     12 January 2012

Registered will versus subsequent unregistered will

My father wants to execute a registered Will now. Can he revoke the registered Will by a subsequent Unregistered Will.?  Which Will would prevail , Registered Will or subsequent Un-registered Will of a later date ?

My second question is whether Undated Blank  papers signed by my father and given to any of his sons or grandsons previously, can be misused in drafting a subsequent Un-registered Will ? If so, how to make these blank signed papers null and void for all purposes ?



Learning

 15 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 January 2012

your options are limited.

susunil (partner)     12 January 2012

Thanks for your reply.

I would re-frame my question this way.

In case my father executes a Registered Will now and subsequently any of his sons or grandsons who have his signed blank papers misuse those papers to prepare a subsequent Un-registered Will without the knowledge of my father, then which Will would prevail, Registered or Un-registered.? I am assuming that it would not be easy for me to prove that unregistered will is fabricated one because blank papers are signed by my father. How can I safeguard my interests under the Registered Will or any other manner.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 January 2012

Last will will prevail.

1 Like

sridhar pasumarthy (ADVOCATE)     12 January 2012

Dear Susunil,

Registration of a Will is pure optional.  Even an un-registered will is valid for all purposes.  Last Will of the testator will prevail over any number of  previous Wills.

My question to you is At present,  ur father is alive or not ?

because ur query is somewhat ambigous about this aspect. 

1 Like

susunil (partner)     12 January 2012

My father is alive at present.

sridhar pasumarthy (ADVOCATE)     12 January 2012

Dear Susunil,

Then, give a notice to the persons with whom the empty signed papers are retained demanding them to return the same.

Also, give a paper publication disclosing the said fact and also initiate criminal action against the holders of the signed papers.

Will comes into operation only after the death of the executant.  So, do all these things during the life time of ur father.  So, this would help u in proving that the unregistered Will is a fabricated one in case if they misuse the signed papers.

1 Like

Vakeel Civil Court (Director)     12 January 2012

Whether registered will or unregistered, it will have to be proved before the court when disputed.

There is a presumption of execution of will in favour of beneficiary when it is registered, therefore the burden on the other later unregistered will to prove is much more.

prakash rana (tech)     12 January 2012

 

Gmail prakash kumar rana <jayprana1@gmail.com>

R.T.I RATIONCARD


GEETA JAYDEEP RANA <geetajaydeeprana@gmail.com> Wed, Jan 11, 2012 at 3:09 PM
To: jayprana1@hotmail.com
Cc: jayprana1@sify.com
Bcc: jayprana1@gmail.com


---------- Forwarded message ----------
From: GEETA JAYDEEP RANA <geetajaydeeprana@gmail.com>
Date: Tue, Jan 10, 2012 at 4:28 PM
Subject: Fwd: R.T.I RATIONCARD
To: collector-val@gujarat.gov.in
Cc: gscic@gujarat.gov.in




dear sir
 
.Kindly give attention. Your for proper solution
 quick response is appriciable for us.Our address

FORMAT OF APPLICATION FOR SEEKING INFORMATION

UNDER THE RIGHT TO INFORMATION ACT-2005

Application ID No. : IITR/MS/RTI-

(For official use)

To   

Shri L. C. Patel

District Collector Office

(Valsad)

----------------------------------------------

The Public Information Officer/ Asstt. Public Information Officer,

1. Name of the Applicant : RANA GEETA JAYDEEP

2. Address A/1M.R.C SOCIETY, P.O GORWA VADODARA390016

3. Particulars of information

(a) Concerned Office/Department :SHRI MAMLTDAR  SHRI JILLA  PURVTHA ADHIKARI Shri Collector  VALSAD

(b) Particulars of information required   RATIONCARD Information on departmental records

 

(i) Details of information required : _AS PER HARD COPY REG.POST RECIVED YOUR OFFICE DT.06/01/2012

 (ii) Period for which information asked for:

(iii) Other details __ AS PER MY APPLICATIONS RS.3+3+3COURT FEESTAMP&RS20POSTAL ODER 92F-111328&92F-111329&92F-111330

4. Format in which information is required:

5. Mode of delivery expected (ordinary post, speed post, by courier, by

hand, through internet or e-mail, by fax etc.). Additional fee may

be charged to cover the cost of delivery.

6. The information can be furnished within 30 days as prescribed

under Section 6 (1)/ the information sought for concerns my life

and liberty, therefore the information may be furnished to me

within 48 hours (Please delete the inapplicable portion).

P.T.O. -2-

7. Without prejudice to my rights under the RTI Act 2005, to facilitate

faster retrieval of information, I would like to state that the

information could be available in………………………(please indicate

the name of concerned Office/Department of the Institute).

8. I state that the information sought does not fall within the

restrictions contained in section 8 and 9 of the Act and to the best

of my knowledge it pertains to your office.

9. I also state that I am a citizen of India and I am eligible to seek

information under the Right to Information Act 2005.

10. (i) A fee of Rs.__________________ has been deposited in the

Finance & Accounts Office of the Institute vide Receipt

No.________________ dated_______________, or

(ii) A Postal Order No. 92F-111328&92F-111329&92F-111330

 dated 05/01/2012 is enclosed, or

(iii) The applicant is not liable to pay any fee because he/she is

below the poverty line (proof is attached).

(Please tick one and delete the remaining two options)

Place:VADODARA

Date :05/01/2012

(Name & Signature)        GEETA JAYDEEP RANA

Postal Address:A/1M.R.C SOCIETY ,PO.GORWA ,VADODARA390016

E-mail address :-geetajaydeeprana@gmail.com &JAYPRANA1@GMAIL.COM

 

Tel No.9429190303

 




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Dr J C Vashista (Advocate)     12 January 2012

Last will (whether registered or unregistered) shall prevail. Registeration is optional and does not have a bearing on the Will.

1 Like

P.K.Haridasan (Advocate)     14 January 2012

Registering a will is not compulsory. Hence the last will will prevail upon others. Attesting will and registering it will help to prove better if a dispute arise.

tapovardhan (project head)     31 May 2012

simple man. These lawyers can not help you. It requires man from UP to help such situation.

  1. make passport for your father
  2. better if it already there
  3. go for registered will
  4. ask father to sign and put left hand thumb impression also.
  5. make a clause in the will that for making important document such as will, he will always use signatures+ thumb impression,; the thumb impression can be matched with passport (so difficult to get thumb impression of educated man except from passport)
  6. now-a-days, there is AADHAR card with ratina print. Get the same printed on the document (a bar code) which can not be duplicated. narate this also in the will.
  7. let me see how sone one fabricates after this.

Dr J C Vashista (Advocate)     01 June 2012

Dear Tapovardhan,

Immeteral whatever you are, but such comments on a public platform that "these lawyers cannot help you" is rediculous.

Since lawyers provide professional legal service to the best of his/her ability and agility, that too free of cost as member of LCI, you are advised to refrain from using such language.

Regards

Dr. (Maj) J C Vashista, Advocate #9891152939

tapovardhan (project head)     01 June 2012

No offense to lawyers. It is obvious that lawyers would opine based on copy book solutions.

i am afraid but criminality needs out-of-box solutions. we the masses face the burnt of serpentine judicial procedures. Lawyers on the other hand, are net beneficiaries, willingly or otherwise.

each member is welcome to disregard the opinion as garbage. Take benefit if u like. I have faced 3 forged wills.

Sudhir Kumar, Advocate (Advocate)     15 December 2012

Howsoever secur the will may be may it be thumb mpression. Adhar Card or passport.  But as soon as there is second will tommorow on next date all earlier wills are nullified.

 

If he hs to challnage or defend any will he needs lawyer even if Mr Tapowardhan says that  "these lawyers cannot help you"


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