hema 18 September 2016

2nd will by dad without my knowledge @ different location

My Father executed a WILL in Hyderabad registered office this year. I suspect Dad may be forced to execute another will by brothers in my Absence at Guntur.( As he is too old and out of mind )

Q1) After Dad's death , Hyderabad Registered 1st will be Cancelled Automatically ? (If another latest will in another location executed? )

Q2) Are all WILLS can be pulled in any registered office ( Centralized system ? ) based on death certificate ?

Q3) If not centralized system, If I pulled First WILL and register properties onto my name based on 1st WILL, What happens if my brothers pull the latest 2nd WILL later on from another Registration office ?

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4 Replies

Kumar Doab (FIN) 18 September 2016

Last VALID....................WILL prevails.

Registered WILL is may not be set aside on the counts of authenticity.

Owner/testator does not need anyone's consent for leavinga WILL.

Registered WILL may also be contested.

saravanan s (legal advisor) 18 September 2016

Whatever will that is made last is enforceable provided that it satisfies all the legal requirements for a valid will

M V Gupta (Advocate) 23 September 2016

A person can execute a second will before his death. Generally in a will (including the first will) it is mentioned that it is the last will and revokes all earlier wills and codicils. Registration merely establishes that it was genuinley executed by the testator (i.e. the decesaed person). It does not prohibit the person from revising his will by executing another will. If ur doubt is found to be correct u can challenge the validity of the will in a court of law on grounds that it has been obtianed by ur brothers by force or undue influence or pressure etc. But u will have to prove the grounds.