Succession

[ANIL SINGHAL]

My wife filed case with nclt Delhi for transmission of her part of shares in shares held by him in two pvt limited companies . He was director along with his sons .
In response brothers filed copy of unregistered will which state
He has two self acquired properties .. shares in these two companies .. they shall be given to sons equally after his death and nothing to be given to daughter .
I got sign of her father examined by pvt handwriting expert comparing with sign available and uploaded while filing various documents available with mca website . His opinion says sign on this will is of different person .
On telling her brothers reg forgery they challenge us to take it to civil court and i have to run in various courts then high courts etc where decision will take decades .
I am also apprehensive they may create or may have already created another forged will for moveable properties .
I have lodged police complaint in writing thru an advocate both to sho and acp .
Though in case of murder by legal heir his rights are forefeited but this is not applicable in case of will forgers .
Can two wills .. different properties .. are valid .. if second will is so worded that first will is also valid ..
And if so ..how shall I challenge both such wills apart from forged sign

[Dr. Ashok Dhamija]

Generally a subsequent will is considered to have superseded the previous will. However, if there are two wills of the same person but relating to different properties, both of them may be valid, subject to general requirements of a will being valid.

There are many grounds on which a will can be challenged, but it will generally depend upon the facts of each case. Ask your lawyer by showing your documents in detail.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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