Rajiv Malhotra (abc) 24 July 2012

Photocopy of registered will

Dear Sir

My mother made her first registered will in 2009 in Delhi and mentioned about three properties. 1. House in Ghaziabad go to her son and grandson equally. 2. House in Delhi go to her two daughters equally. 3. Share of her in one plot in Delhi to her elder sister.

She again made a will in 2011 in which she mentioned about only for house in delhi and mentioned about equal share of her all three legal heirs i.e.two daughters and one son.

I am residing in Ghaziabad's house and Delhi house in in my elder sister's possession

None of my sister is settle this issue amicably

Now I have photocopy of both the registered wills.

Please advise me what should I do?

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 July 2012

The Subsequent will has impliedly revoked the earlier will insofar as the Delhi Property - the subsequent will in which all of you have been given equal rights would sustain. If your sisters object - then you can file a suit for partition and get your part of the property culled out by a decree from the court.

Consult a seasoned property lawyer

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 24 July 2012

Will is revocable. Until the death of the testator, a Will is always revocable. This is the main characteristic of a Will. Methods of Revocation of a Will 3 types. (a) by destruction, (b) by writing Codicil OR another Will, (c) by marriage. Clause (c) does not apply to Hindus,Budhists,Sikhs and Jains, since the proviso of Sec.57 of Indian Succession Act,clearly says that 'marriage shall not revoke any such Will or Codicil'.