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Ramchander S (Mech Engg)     05 February 2016

Multiple wills - different years, different properties

Can an indivividual execute more than one will in different years in respect of different properties?

 

Answers requested by the esteemed experts.

Thanks, Ram



Learning

 4 Replies

Subash M R (Advocate)     05 February 2016

A person can bequeath as many as Wills in different years in respect of his different properties to different individuals,but the last will prevail and supersede all other previous Wills in respect of each properties as well as its beneficiaries.

Thanking you,   

1 Like

Ramchander S (Mech Engg)     06 February 2016

Thank you.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 February 2016

Yes legally there is no bar to the same . Provided either of the wills does not mention the property in which respect it is made to be the only property owned by the testator . In that case their might be an element of suspicion involved . Otherwise well drafted wills wrt two different properties can be legally held to be valid
1 Like

Ramchander S (Mech Engg)     09 February 2016

Would request some answers to the length question which is concerened with Multiple Wills.

>>>>>>>>>>>>>>>>>>>>>>

A executed an unregistered Will Y in 1989 where he bequeathed House 1 to his son. Will Y also says that with a view to bequeath the “balance’ of properties to his son, he executed Will Y.

 

Will Y further states that A executed another Will X on 1980 wherein he bequeathed some properties to his daughter. Will X is not traceable.

 

It is claimed by A’s son that there is a codicil dated 2005 to Will Y by which A bequeathed House 2 to  A’s wife who in turn gifted it to her son in 2008. A died in 2005. Will Y was registered in 2008.

 

My queries are

  1. Is Will Y technically a will or a codicil?
  2. In the absence of Will X, is Will Y valid?
  3. Since it was stated in Will Y that A made Will X and bequeathed some properties to his daughter and only the balance are being bequeathed to his son, can it be interpreted that all properties till 1989 other than House 1, will go to A’s daughter.
  4. Will Y was presented by A’s son and was registered in 2008. A’s daughter did not attend to the notices issued by the Sub-registrar. 
  5. A’s daughter feels Will Y was attested after the death of A and would like to contest it’s legality. What would be the procedure? 

Thanks.


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