Unregistered codicil number two
km123456789
(Querist) 06 March 2015
This query is : Resolved
Dear Sirs, Date: 06 March, 2015
1. The father ‘F’ has written a WILL and a CODICIL bequeathing his immovable and movable properties to his two children (a son ‘S’ and a daughter ‘D’) and four minor grandchildren. Both the will and codicil have been registered. Subsequently, the father ‘F’ has written a CODICIL NUMBER TWO making some changes to both the will and the codicil. But CODICIL NUMBER TWO has not been registered.
Is the unregistered “codicil number two” valid? Will it be accepted in a court of law along with the registered will and codicil? Or is it necessary to register codicil number two also to make it valid?
2. In all the above mentioned three documents, portions of properties have been bequeathed (i) to the two minor granddaughters (md3 and md4) born to daughter ‘D’ and (ii) to one minor granddaughter (md1) and one minor grandson (ms2) born to son ‘S’. Both the two minor granddaughters ‘md3’ &’ md4’ born to daughter ‘D’ hold AMERICAN (USA) Passports. All the remaining persons (viz. father ‘F’, daughter ‘D’, son ‘S’, and two minor grandchildren ’md1’ & ‘ms2’ born to son ‘S’), hold INDIAN Passports.
The questions are (i) do the two minor granddaughters ‘md3’ and ‘md4’ holding American Passports are eligible to get shares (through the WILL) in the properties of ‘F’ (ii) do ‘md3 and ‘md4’ become coparceners to the properties of their mother ‘D’, since the properties of ‘D’ are not self-acquired (iii) similarly, do ‘md1’ and ‘ms2’ become coparceners (by birth) in the properties of their father ‘S’, which he acquires through a WILL ?
I request the learned advocates kindly to provide me the clarifications and also guidance in the matters 1 & 2. Many thanks.
km123456789
(Querist) 09 March 2015
Dear Sir (Dr.J.C.Vashista)
There is no message in your reply to my querry. Only "Anonymous author km123456789" appears in your reply.'km123456789'is my registered name in the Lawyers Club of India web site, with a valid e-mail address. If you need any further details,I will gladly provide them.
My earlier querries were all answered.
I look forward to your valuable reply.
Thanks.
km123456789
(Querist) 09 March 2015
Dear sirs,
To avoid any confusion, I am planning to change my name,so that my query will not appear ananymous.
T. Kalaiselvan, Advocate
(Expert) 10 March 2015
The subsequent codicil need not be registered and it will be valid as per law. The properties bequeathed by D will remain her own property and her children will not have any rights including coparcenery rights. Dont think too much and get confused. The minor daughters who hold American passports are also eligible to acquire the properties bequeathed in their favor through the referred Will, there is no bar on the basis of passport or citizenship because their relationship with the testator has been clearly explained in the said Will itself. In the event of any further doubts, you may show the relevant documents/papers to a local advocate and get his opinion too.
km123456789
(Querist) 11 March 2015
Dear Sir (Mr.T.Kalaiselvan),
Many thanks for your valuable reply.
But,Do the minor children of son 'S' (holding Indian Passports)get coparcenary rights in the properties bequethed to 'S'?
