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Querist : Anonymous (Querist) 27 September 2010 This query is : Resolved
some how ,i arrange a unregistered will of dated six moths back of my mother.But my mother made a registered will on name of my brothers three years back and also made a gift deed registered(in front of sub-registrar) of a plot on my brothers names .Can i have any right on the plot.

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R.Ramachandran (Expert) 27 September 2010
Dear Anonymous,
An unregistered deed has no validity in front of a registered document. When a registered deed has been in the name of your brothers they become the owners of the same. Then, how can your mother make any will (registered or unregistered) of any property of which she is not the owner any more?

Kirti Kar Tripathi (Expert) 27 September 2010
I do not agree with Mr. Ramachandran. Law does not require that a will should be registered. if there exist more than more than one will of a person, the later will only be executed under the law. However, a registered will is always be better than a unregistered will, if a party is able to prove that unregistered will was executed by a with free will and in sound position of mind in the presence of witnesses,the same would have same effect as the registered will

Guest (Expert) 27 September 2010
As far as registered gift deed in respect of plot, it goes to brother(s) to whom it is gifted. Your mother lost her right to revoke gift deed, once it is registered.

In respect of other properties, there are two wills, one previous one (registered) and the other (unregistered). If any one contests in the court, the court will try to find out which is the genuine one and give it the legal validity.

Shashikant V. Patil (Expert) 27 September 2010
My dear Anonymous, since there are two wills one is registered and another is unrgistered, you can have a right over the plot untill unless the last registered will not get probated. Therefore, you may take objection to the registered will.

R.Ramachandran (Expert) 27 September 2010
Dear Mr. Kirtikar,
I fully agree with you in regard to a registered and unregistered will.
But in this case, the mother of the querist is stated to have given the plot of land through a registered deed. That does it not make the persons named in the gift deed the owners of the plot. In such a situation, the plot of land having been already gifted away through a registered deed, the mother of the querist no longer remains the owner of the same. As such, how can she make any will in regard to the property? The querist was wanting to know whether he can have right on the plot based on the unregistered will made by his mother.
Please consider your reply in the light of the above factual matrix.