Old and the new will
Jyoti
(Querist) 05 May 2014
This query is : Resolved
My father had done a will in the year 2007 which was registered with the registrar.We are 6 children (3 Brother and 3 sisters).This will is with one of my brother. according to this will our shop would be share by my three brother and our house would be share by my 2 sisters and 3 brothers and wud not be getting any penny.
He had made a second will in the August 2012 in which he has revoke any old wills made and has distrubuted all his property equally among all the children and made my Brother-in-law as a sole executor of the will. The notary of the second will was done but was not registered.
My dad expired in Dec 2012
My question is which will would be valid out the two, notaried or the registered one? can the notaried one be registered now after his death if its genuiness is proved? As I think the earlier one will was forcefully made. Kinldy advise
Devajyoti Barman
(Expert) 05 May 2014
The second Will is valid provided it is properly executed like out of his free will and while in good health in presence of at least 2 witnesses.
Notarised Will is very much valid and no need for registration is required.
Go for Probate of the second Will.
Sankaranarayanan
(Expert) 05 May 2014
Subsequent will is valued but subject to the clause which have indicated by my learned friend mr barman
Advocate. Arunagiri
(Expert) 05 May 2014
When the Second will is made automatically the previous will will get invalidated.
Raj Kumar Makkad
(Expert) 05 May 2014
Latest/last will shall prevail over the earlier.
prabhakar singh
(Expert) 05 May 2014
It is only last will that prevails over previous all wills if it's genuneness is proved according to law,no matter,registered or notaraized or not.Even a simple will shall prevail over previous registered will
provided it gets proved.Registerartion is possible of such wills after death of testator proving genuneness.
Lawyer SALEEMA KABEER
(Expert) 07 May 2014
No doubt, the latest will deed alone will prevail subject to the condition that it should be proved under section 68 of Indain Evidence Act.
