Regarding will
santosh Pawar
(Querist) 13 January 2012
This query is : Resolved
Sir,
I Uncle who was unmarried made a register will in favor of her sister who is also unmarried. After making of this registered will( after 6 months) he purchased a flat, for which he made notorised will, which is also in favor of her sister. My question is can both wills are legally o.k. Properties in both wills are separate. The property in notorised will is purchased after making of registered will. Also in 2nd will he has clearly mentioned that register will also remain valid. My uncle expired in jan last year. Please guide.
ajay sethi
(Expert) 13 January 2012
the last will would be valid . it supercedes earlier wills. mae an application for probate
M/s. Y-not legal services
(Expert) 13 January 2012
yes., both will are valid will..
[ajay sir, i think mr.pawar saying two separate will for two properties]
-tom-
Advocate M.Bhadra
(Expert) 13 January 2012
Your aunt should file a Probate Case in District Delegate/Civil Court for granting of both WILL.
Sankaranarayanan
(Expert) 13 January 2012
Yes if both r differ then both are valued when he passed away
Sailesh Kumar Shah
(Expert) 13 January 2012
Last will is valid. it is to be noted that last will says that read previous will also.
Raj Kumar Makkad
(Expert) 14 January 2012
I differ with the views of Shailesh and /sethi in view of the fact that the uncle of the author in his second will for a specific falt which he bought after making first will, has clearly mentioned that he has already got registered another will which is registered and the same is also valid.
On which ground you both deem the second will only genuine? Both wills cover separate properties and second is confirming to first so both are valid and genuine.
Sailesh Kumar Shah
(Expert) 14 January 2012
@ Makkad Sir,
I have been told the same as you have mentioned.
V R SHROFF
(Expert) 14 January 2012
Both Will favour one and the same person, and are valid.
Raj Kumar Makkad
(Expert) 14 January 2012
Shah! Every one has been told only by way of query and our answers are keeping in view the whole story narrated therein.
prabhakar singh
(Expert) 14 January 2012
The net result of the activity of your uncle is that the property covered by both will have devolved upon her sister.
Advocate. Arunagiri
(Expert) 14 January 2012
There are two WILLS, by the same party favoring the same party, but, property is different.
Not illegal, both the WILLS are valid in respect of the property mentioned therein.
Devajyoti Barman
(Expert) 14 January 2012
Yes Probate needs to be applied for bot the Wills.
