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Krish Narayan (Advocate)     23 February 2013

Dispute regarding will property

Dear Experts,

Greetings.

As per facts of the case, there were two registered wills executed by the same person in favour of two different persons namely A and B.

As per earlier will he bequeated a property to the person A. Then after a few years, he executed another registered will whereby he bequeated another property to the person B. In the said will, he made a specific clause that "all of his movable and immovable properties left and omitted in this will (ie later will) shall be bequeated to the person B". Here it is pertinent to point out that he left and omitted to mention the property bequeated to A as per his earlier will. Then, after few days he died.

Now my client B says that his later will is the last will which by implication cancelled the earlier will to A. As per specific clause, the property bequeated to A as per earlier will now absolutely belongs to him. This is the case.

If B wants to file case what relief would be appropriate and sustainable?

 

1) seeking declaration of title of the property as per last will

2) praying for probath of the will

3) Both.

I request to kindly advice on this issue.

KN.



Learning

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