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mk (xxx)     24 March 2020

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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 20 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 March 2020

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.

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

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.

Dr J C Vashista (Advocate)     25 March 2020

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.

mk (xxx)     25 March 2020

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

P. Venu (Advocate)     25 March 2020

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.

mk (xxx)     25 March 2020

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

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

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.

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

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.

 

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

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.

 

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

If they produce the other Will and force you to sign to take your part of 25% share in the other properties, then you can insist them to draw a partition deed by dividing the property equally with metes and bounds and allot you with your share with proper demarcation and separate possession, get the partition deed registered.

This will ensure that you are  getting your entitled share in the proeprty.

If this is not possible then you can file a partition suit before court of law and seek the same relief as what has been suggested above.

 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 March 2020

Your brothers cannot take away your share of 25% in the immovable property if you agree but your main concern is with the movable properties lying with the banker who has declared to handover only to the nominee and you have no trust over your brothers whether they shall keep their words on settlement after receipt of the money from bank or not.

 

Though trust is a natural phenomenon, the roots of which remain deep between rbothers and sisters but in your case, the same has already eroded. If none has trust among each other then better for you to engage a local lawyer dealing in service matters. File a civil suit for partition and possession on the basis of the registered will executed by your mother in your favour ignoring the said will of 2019 which otherwise seems erroneous as the same do not mention the entire properties of the testator.

 

Even if the last will prevails over the formor but the subsequent will is required to be probated and the same is not to be accepted merely on the saying of your brothers. You should seek stay order against the removal of the movable properties lying with the banker and let your brothers come in the court and thereafter a compromise can be made in the court wherein bank shall also be made bound to follow the dictum of the court.

1 Like

mk (xxx)     01 April 2020

Thank you sir is it possible to conduct a search just for my satisfaction through a lawyer if i want to check my mother has made any other will between 2014-2020....

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

You can make a search for any more Will provided the same has been written by a registered document.

You can take the assistance of an advocate who shall apply for search of the registered document before the concerned registrar's office

mk (xxx)     05 April 2020

my brothers have gone to bank and closed the FD and emptied the locker without my consent or even knowledge however my mother had kept jewellery for all of us separately in that locker but now since tgey have taken it we dont know what has been done .they havn't even informed the other two banks where there is FD too they have not closed but the banks intimated to us as they have receivedd claim request plz advice what should be done urgently

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