Mahesh 16 November 2021

Will registered vs unregistered will with latest date.

This question is regarding a registered will registered on Jan 2021 by my grand mother. she has registered her 4 acres of land and a house on my name. While writing the will, She has clearly mentioned it as " Since she is an illiterate, if anyone takes her finger prints and make wills or partition deeds, then those can not be accepted". But what happened was since She was 94 and got serious condition of her health and hospitalized in last September and got expired in october. My Grand mother has only daughter, who is my mother(expired) and my mother has me and my sister. I came to know that while my grand mother got hospitalized few of my sisters husband concerns took the finger prints while she was undergoing treatment.

In this context, Ishould the will written and registered by my grand mother in jan 2021 get any issues due to the finger prints taken by my in laws? I want to know what legal complications do i get becoz of this finger prints taken.

I want to know about the context that only the last will before the death will have the impact. So How can i deal with this matter if registered and unregister is not at all a matter infront of law. Kindly advice.

Thanks

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 November 2021

As far as fingerprints identification purpose, Although, fingerprint scanner gives best result, but its use is not practical in case of a dead person until and unless the scanner is portable. Hence, conventional methods used for live fingerprinting are not suitable for dead.

Shashi Dhara 16 November 2021

Last genuine will come to force ,you have to prove in competent court of law that yours is genuine will ,struggle in court to get justice .

Advocate Bhartesh goyal (advocate) 16 November 2021

Last/latest will shall prevail over previous will.It does not matter whether last will is registered or not registered.

Mahesh 16 November 2021

How should I prove that those finger prints were taken while she was in unconcious state that too in hospital ?

G.L.N. Prasad (Retired employee.) 17 November 2021

Every will must have two independent witnesses and the date of the will during hospitalization must be before a competent doctor that has to provide a certificate that the signatures on the will be taken during hospitalization and the executant is of sound mind and health. First, get the property mutated in revenue records on the basis of registered will and take possession ignoring the unregistered one, and let the opponents challenge the validity of your will and establish that the latest will is latest and genuine..