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satyam thatha   27 July 2026

Legality of unregistered will followed by a registered will

Hi sir/ Madam, This query is regarding the legality of a unregistered will followed by a registered will. Property Details: My father has purchased a land of extent 3456 sqft of which it was registered as two entities of each 1728 sqft built individual houses with joint walls for my father and mother during the year 1990. This dispute is related to the part which my mother owns . Family pedigree: My parents had three children , my sister being the elder one , myself an my younger brother Will History: My mother has executed a registered deed for her belonged portion during the year 2019 in the name of my sister without anyone's knowledge. Later we got to know from my mother that this ha been executed in the state of mind where she was physically and mentally ill due to her health conditions . This has been executed at home in presence of sub registrar . In the later days when she believed that the purpose of registering will deed in name of her daughter where she believed that she would take care of her during her last days was not happening once she registered the will deed. Followed by she requested her husband to prepare a will notary during the year 2023 mentioning the cancellation of the previous registered will deed and re registering will in favour of her hsuband which was not registered due to worsening of her health , unable to visit the registrar office and no available slots for home visit during the period. During this course it was her sons and her husband who took care of all the medical expenses and personal care during her treatment and last days before she passed away. After her departure my sister with her husband has occupied the property mentioned above without anyones notice followed by which my father has launched a petition in front of district magistrate requesting vacation and cancellation of the will deed thereby granting him rights over the property under code of civil procedure 26. My father is of age 78 years with underlying medical conditions due to which he finds difficult to walk / climb stairs to attend the court hearings, where my sister and their advocate have captured his day to day activities for potraying him as physically fit . Now i am requesting to help me understand the outcomes of this dispute and how to handle this further .


Quick Summary
This discussion explores the legal standing of an unregistered will made after a registered will, specifically concerning a mother's property. The mother initially executed a registered will favouring her daughter, but later attempted to create a notarised, unregistered will favouring her husband, citing her daughter's alleged lack of care. The situation is complicated by the mother's deteriorating health and the subsequent death of the father. The father, now elderly, is involved in a legal dispute with the daughter over the property.

 5 Replies

abhishikth lingisetty   27 July 2026

Kindly attach as image for readability as it helps others

Dr. J C Vashista (Advocate )     28 July 2026

Last will of the testator (your mother) whether registered or unregistered (but witnessed) shall prevail.

Facts posted are not much clear. Redraft it.

Advocate Bhartesh goyal (advocate)     28 July 2026

Yes, last will of testator shall prevail. It's hardly matters that last will is unregistered.As per law registration of will is not required . Your father may proceed the case with last will.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 July 2026

Under the law a later will always revokes all previous wills whether registered or otherwise, provided the will is signed by the testator in the presence of two witnesses who also should have signed as witnesses. I very much appreciate the "Quick Summary" whoever has made it.

P. Venu (Advocate)     28 July 2026

Yes, the last will prevails provided it is duly executed in terms of Section 63 of the Succession  Act. It is immaterial that it is unregistered. 

63. Execution of unprivileged Wills.—

Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his Will according to the following rules:—

(a)The testator shall sign or shall affix his mark to the Will, or it shall be signed by some other person in his presence and by his direction.
(b)The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a Will.
(c)The Will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the Will or has seen some other person sign the Will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgement of his signature or mark, or the signature of such other person; and each of the witnesses shall sign the Will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
The father can seek the eviction of the present occupiers through a civil action, which could be handled by an advocate.
But, why the petition beore the District Magistrate?

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