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Author Topic: Regarding WILL  (Read 916 times)

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Offline Muni

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Regarding WILL
« on: August 18, 2013, 08:00:36 AM »
Hi Respected Panel,
My grandfather passed away and had made a registered Will  say 'A' dated 10/oct/2010 and also had created one unregistered Will say 'B' dated 05/August/2009 to my father.
When my grandfather made a 'A', the property as per records is 19 guntas, but in the schedule of the Will, he has mentioned as 1 acre and boundaries are also incorrect(which is incorrect).  But 'B' contains correct property schedule.
Now my concern is, If say 'A' is challenged based on 'Lack of testamentary capacity' Udue to improper schedule) and is annulled by the court by the provision of Indian Succession Act, 1925. Can my father use 'B' which contains the scheduled property details correctly, for court probation.

The following says:
What happens if the challenge is successful?
If the Willís validity is successfully challenged the testatorís assets will be distributed in accordance with the testatorís previous valid Will or (if there is no previous valid Will) the intestacy rules.
Is the above statement true? Can I get any references to citation?

What are the timelines for asking for a probation based on say 'B', when the challenge of the 'A' is pending in the court? How can my father proceed on this? Should we inform the court about existence of the prior Will?

Please answer my queries.
« Last Edit: August 26, 2013, 08:20:49 PM by admin »

Offline advamrita

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Re: Regarding WILL
« Reply #1 on: August 26, 2013, 08:30:23 PM »
any discrepancy in a Will can be challenged, as par law the last WILL stands as the Final will of your grand dad.

Now in this case the testator has given in both WILLs the property to the samne person in this case.

your father has a greater chance of success, as the wish of the dead will hold greater value than some technical error.

in simple words your father should immediately get the property transferred in his name based on the second and first will presentation at the same time.

Offline advRanjithRajagopal

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Re: Regarding WILL
« Reply #2 on: August 26, 2013, 08:41:06 PM »
this WILL can be challenged, may be your grand father wanted to give in his later will a portion of the land rather than the whole land.

secondly where the witnesses for both the WILLS same

thirdly without going through both the contents of the will a definitive replay cannot be given.

at the moment all I can say is that your father is in advantageous position as in both Wills his name is mentioned as the benificiary
adv.Ranjith Rajagopal


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