Legal Question in Wills and Trusts in India
Case Background & History
Testator Family Detail / Legal Heirs:
Wife � W ( Widow) - Respondent
Son 1 � A ( married) � Myself / Respondent
Son 2 � B ( married) - Respondent
Son 3 � C ( married) � Testatees & Petitioners
Son 4 � D ( married) - Testatees & Petitioners
Daughter � E ( married) - Respondent
Daughter � F ( married) - Respondent
Daughter � G ( married) - Respondent
Testator Medical History: In 1987 He had multiple surgeries of both eye and post operation he left with very less vision. Form the year 1987, testator was having medical treatment till his last days of life to improve his both eye vision. He died in year 2003, at the age of 78 years in normal Circumstance.
Testator Property Detail:
1. Residential Building (Ground + 4 Floor) � 1 no�s � current occupant � 3 testator Sons ( B,C,D) with family & testator wife (W). Testator Sons ( C & D) & testator wife (W) having possession of Ground, 1st , 2nd & 4th Floor in the building whereas 3rd floor is in possession of testator elder son (B).
2. Commercial Shop 1st � 1 no�s � current occupant � 2 younger sons (C & D) of testator in joint.
3. Commercial Shop 2nd � 1 no�s � current occupant � one elder son ( A ) of testator from last 20 years & more
Testator Wife Property Detail:
1. Residential Flat � 1 no�s � current occupant � One elder Son ( A) with his family from last 28 years.
Testator Wills:
Will 1 : In 1997 one will was created stating four properties ( as mentioned above) out of which three was in the name of testator where as one was in name of testator wife from the beginning.
Two (Residential Building- Whole and Commercial Shop 1st) out of three properties as mentioned above in his will, Testator had given it to his two younger sons (C & D) in joint whereas one (Shop 2nd) is given to his wife (W).
In this will two elder sons ( A & B) of testator are neglected, wrong allegations of misbehaving are drafted and not granted any piece or part of his property. According to the testator it was his last will. Same gets registered by testator. Two witnesses are from non-blood relation and not close the family day to day affair anyhow. Whole Testator Will is written in English, whereas both the witness can�t read, write nor understand the English as a language.
Will 2: In 2003 one more will came to existence, under this will testator had again mention that one property though which was mentioned in his earlier will, solely belongs to his two younger son ( C &D) post his death. This will is notaries only and not registered in any court. This will carry only one witness which are from non-blood relation and not close the family anyhow.
On Going Case History
Case filled : In the court of addl. District Judge, Delhi
Case Type : Probate
Petitioner: Younger Sons ( C & D) in joint
Case filled in the year 2012
Notice Sent to Respondents: The State - Govt. of NCT of Delhi, Testator Wife (W), Testator Sons ( A & B), Testator Daughter ( E,F & G )
Case Status: Two hearing is already done in horn able court, I (testator Son 1 ( A)) was present and marked present by court on both hearing without the my advocate. Reason, for not hiring/bringing of advocate - till date I was trying for mutual agreement & settle.
All three daughters (E, F and G) had given their no objection in the horn able court in 2nd hearing, Wife of testator (W) haven�t presented in front of the court yet.
Few Findings/ Observation by me:
1. One Petitioner/ Testatees Name spelling do not match with his ID proof in both the Wills.
2. Signature of testator in his 1997 Will is not similar to each other. Even testator signature flow in all his Will is different to each other.
3. Whole Testator Will is written in English, whereas both the witness of 1997 will cannot read, write nor understand the English as a language.
4. Testatees /Petitioner had made Testator wills in public in year 2011 only, almost after 9 years of testator expire.
Let me know :
1. Whether the first will ( 1997) are still in force.
2. How to Challenge registered Will.
Requesting you to Kindly guide me( testator Son 1 ( A)) with necessary legal action, to get my share out of my father properties, as my two younger brother ( C &D) has taken the advantage of my father ageing, bad eye vision and conspired against me & my other bother with their ill intentions.
Regards
2 Answers from Attorneys
for this lengthy query, you need to retain a lawyer and you can visit my website www.karvai.in for further guidance.
dear client...
As per you mail ...once the second will is made the earlier will automaticaly gets cancelled ... and its necessary to write that all my earlier will gets cancelled with due effects .... has this been mentiond there in WILL....
Yes you can challange the WILL.... you lawyer will give a petition in court that the will is not the original and he wants to challange the will.. as the signature also differs ... along with other points ....
if you need any further help you can mail me at [email protected]
Related Questions & Answers
-
While writing a will, my father in law has come across an item "no contest... Asked 12/17/12, 5:31 pm in India Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
