Father Died in 2006 - Multiple Wills and Probate Issues - How to Proceed?

Ans: Will is valid even on a plain paper but needs to be executed by 2 witnesses. Further, it depends on the executor to appropriately divide the assets between both (ie you and your brother). If the house cannot be divided then it can be sold and proceeds can be divided equally. You can go to court but then sale will take its own time its better you resolve this issue within the family.

Ans: Yes, your mother can get her will registered for the residential property, allocating half share to each of her sons. This process involves several steps to ensure that the will is legally valid and that there are no disputes in the future.

Steps to Register the Will
Drafting the Will: The will should clearly state her intention to divide the property equally between both sons. It should include specific details about the property, such as its location, registration details, and any other pertinent information.

Appointment of Executors: Your mother should appoint one or more executors in her will. Executors are responsible for carrying out the terms of the will. It is advisable to choose trustworthy and impartial executors.

Witnesses: The will must be signed by your mother in the presence of at least two witnesses who are not beneficiaries in the will. The witnesses must also sign the will, confirming that they saw her sign it.

Registration of the Will: Although not mandatory, registering the will with the local sub-registrar’s office is highly recommended. This provides a legal safeguard against future disputes. The process involves:

Visiting the local sub-registrar’s office.
Submitting the will along with required documents (proof of identity, proof of residence, etc.).
Paying the registration fee.
The sub-registrar will then record and register the will.
Additional Documentation and Steps to Prevent Future Disputes
To further ensure there are no disputes in the future, consider the following additional steps:

Family Settlement Agreement: If both sons agree, your mother can draft a family settlement agreement. This agreement can state that both sons have agreed to the equal division of the property and that they will respect the terms of the will. This should be signed by all parties involved and can be notarized for added legal strength.

Declaration of No Objection: Both sons can sign a No Objection Certificate (NOC) stating they have no objections to the property being divided equally as per their mother’s will. This can be attached to the will or kept as a separate

Consulting a Lawyer: It is advisable to consult with a property lawyer to ensure that all legal formalities are correctly followed. The lawyer can help draft the will, the family settlement agreement, and the NOC to ensure they are legally binding.

Updating Property Records: Once the will is registered, ensure that the property records reflect your mother’s ownership clearly. This will prevent any claims of ownership or legal complications in the future.

Informing Family Members: Make sure that all family members, especially the beneficiaries, are aware of the will and its contents. Transparency can often prevent misunderstandings and disputes.

Summary
Your mother can proceed with registering her will to divide her property equally between her two sons. The will must be drafted properly, witnessed, and ideally registered with the sub-registrar’s office. Additional steps, such as a family settlement agreement and a No Objection Certificate, can provide further assurance that there will be no disputes in the future.

By following these steps and seeking professional legal advice, your mother can ensure her wishes are respected and that her sons can receive their shares without any legal complications.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: Understanding the complexities of wills and inheritance can be challenging, especially when there are conflicting claims and legal disputes. I appreciate you sharing the details of your situation. Let's break down the key points and offer some guidance on how to approach your case.

Background and Current Situation
Your grandmother, who was 100 years old at the time of her passing, made significant changes to her will and property registrations in the years leading up to her death. Initially, she had written a will in 2004 in favor of your elder brother. However, in 2019, she canceled this will and registered a new one in your favor, which includes an RCC building and 3 acres of land.

In 2021, she also registered a gift deed for the RCC building to you. Following her death in June 2023, your brother contested this, claiming the 2004 will is still valid. He has taken legal steps to assert his claim on the RCC building and recently served another notice regarding the 3 acres of land.

Your grandmother filed a police report stating she had canceled the old will and registered a new one. You and your family, including your uncle, are united in this matter, and your parents and uncle are willing to testify in court.

Legal Considerations
When dealing with inheritance disputes, several legal principles come into play:

Validity of the New Will: A new will, if registered properly and meeting all legal requirements, typically supersedes any previous wills. Your grandmother's 2019 will should be the primary document of reference.

Gift Deed: The registered gift deed for the RCC building in 2021 further strengthens your claim. Once a gift deed is executed and registered, the property is transferred to the donee (you in this case), and this transfer is usually irrevocable.

Continuous Possession: Your brother's claim of continuous possession may hold some weight, but it does not override the legal documents like the new will and the gift deed, provided they are valid and unchallenged on grounds of legality.

Steps to Strengthen Your Case
Here are some strategic steps to consider in approaching your case:

1. Engage a Competent Lawyer:
Ensure that you have a certified and experienced lawyer who specializes in inheritance disputes. This will be crucial in navigating the complexities of your case.

2. Gather and Preserve Evidence:
Collect all relevant documents, including the new will, gift deed, police report, and any communication that supports your claim. Ensure these documents are safely stored and readily available.

3. Witness Testimonies:
Your parents and uncle can provide crucial witness testimonies. Their accounts of your grandmother’s intentions and the circumstances surrounding the will changes will be valuable in court.

4. Contesting False Claims:
Be prepared to counter any false statements made by your brother. This includes gathering any evidence that disproves his claims and highlighting inconsistencies in his statements.

5. Emphasize the Police Report:
The FIR filed by your grandmother is a significant piece of evidence. It demonstrates her intent to cancel the old will and supports the validity of the new will.

Legal Process and Court Proceedings
1. Filing a Caveat:
A caveat is a notice filed in court to prevent any action on a will without notifying the person who filed the caveat. This ensures you are informed of any proceedings related to your grandmother’s estate.

2. Probate of the Will:
The court process to prove the validity of a will is known as probate. You will need to apply for probate of the 2019 will. This involves submitting the will to the court and demonstrating its validity.

3. Contesting the Previous Will:
Your brother will need to prove the validity of the 2004 will. Since your grandmother canceled this will and registered a new one, he may face significant legal challenges.

Understanding Inheritance Laws
1. Testamentary Succession:
This refers to the distribution of property according to the will. The new will registered in 2019 dictates the distribution of your grandmother’s estate.

2. Intestate Succession:
If a person dies without a valid will, their property is distributed according to intestate succession laws. In your case, since a valid will exists, intestate succession laws do not apply.

Emotional and Practical Considerations
1. Emotional Preparedness:
Inheritance disputes can be emotionally taxing. Stay strong and seek support from your family and close friends. Understand that the legal process may take time and require patience.

2. Open Communication:
Maintain open communication with your lawyer. Regular updates and clear understanding of the case progress will help you stay informed and prepared.

3. Financial Preparedness:
Legal battles can be expensive. Ensure you are financially prepared to cover legal fees and any other associated costs.

Final Insights
Navigating an inheritance dispute requires a clear understanding of legal principles, meticulous preparation, and emotional resilience. The new will and the gift deed registered in your favor are strong evidence supporting your claim. Ensure you have a competent lawyer, gather all necessary documents, and prepare your witnesses.

Stay focused and patient throughout the legal process. Your grandmother’s clear intent to leave her property to you, backed by legal documentation, strengthens your case significantly. With the right approach and legal support, you stand a good chance of securing your rightful inheritance.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in