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

My father died in 2006 got one property at chennai from his sister (OWN) in2003 died in 2004 by a will and half that property from her husband in 2004 died in 2005 by another will.Both wills are challenged by legal heirs of both sides when presented for probate and claimed as fake.The probate is pending since 2005 and how to prove which will is correct s per sucession act and evidence act and the property should goes to whom finally?

Ans: To prove which will is valid under the Indian Succession Act, 1925, and the Indian Evidence Act, 1872, consider the following:

Validity of Wills

The wills must be signed by the testators.
Two witnesses should have attested them.
The testators must have been of sound mind and not under undue influence.
Probate Proceedings

The court will examine medical records, witness testimony, and handwriting analysis.
If wills are proved fake, intestate succession applies.
Who Gets the Property?

If wills are valid, property is distributed as per the wills.
If both are invalid, legal heirs as per Hindu Succession Act, 1956, or Indian Succession Act, 1925 (for non-Hindus) will inherit.
Expert Opinion Needed

A forensic expert can verify signatures.
A legal expert can analyze the case details.
Since probate is pending since 2005, approach the High Court for an expedited resolution.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Sir my paternal grand mother registered a new will by cancelling her old will written to my elder brother in 2004 and new will in 2019she expired in 2023june my grandmother has two sons both of them are witness in my will two roperties are mentioned one is rccbuilding second is 3acres of land both are mentioned in my will she registered a gift deed for RCC building in 2021now my brother gave a notice to me on RCC building afterher death and he showed in court that his will is last one but my grandmother gave a first information report in police station that she cancelled his will and registered a new will and on other gold ornaments and changing of his name in municipality and other original documents to be recovered from him the cc case is filed and trail is going on I am with my parents and my uncle father's brother is also with us only now yesterday he gave another notice to me on second property agl landalso I gave answer to first notice by my advocate my doubt is how can a cancelled will come in force when a new registered will is present he says iam in continuos possesion in house my grandmother is 100years when she expired but her mind is very powerful her health is very good until her death she is a iron women she registered me 4years before her death can I win my cases my brother is filling all false statements in court pls can you give your suggestions how to approach in correct manner my father mother and my uncle are alive they will witness the facts in court thanking you waiting for your suggestions

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