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SURESH KUMAR GOEL (PROFESSION)     12 August 2008

registered WILL

dear Friends :

A Person prepares his WILL and get it Registered . In the above WILL  He added One   para   that this his lastWILL, and he will not prepare any  WILL thereafter. If any WILL are found or  if cancell this registered WILL  the shall be treated as  null and void.

will this para is binding on him or on judiciary if any new WILL  is found thereafter.





Learning

 11 Replies

Manish Singh (Advocate)     12 August 2008

No this is not binding on him. any further will can be made by him.

Jaideep Nayyar (Lawyer)     18 August 2008

No the same is not binding on him

manu (advocate)     19 August 2008

a person is free to change the will any number of times during his life time. the clause in the will that is THIS IS MY LAST WILL does not hold water in the process of law. but u should be in the position to prove the will which is found subsequently.

Mohit Attri (lawyer)     19 August 2008

agree wid manu

Srinivas.B.S.S.T ( Advocate)     19 August 2008

A will comes into operation after the death of the executor and the
power to change or make fresh will, wil be with the executor during his
life time.

shamit sanyal (advocate)     20 August 2008

will may not be registered.

SURESH KUMAR GOEL (PROFESSION)     21 August 2008

the aim of the whole of scheme of WILL is to honour the the words of the Testator. if he bound himself what is the problem with the Law

manu (advocate)     22 August 2008

will is not conclusive. one can always dispute the will.




 


u can prove the registered will by examining the witnesses who have signed it . and see to it that nothing contrary is elicited in their cross examination.




 


if other side tries to prove the subsequent will u can request the court to send the documents for hand writing experts opinion.and when other side witnesses come to witness box try to elicit some contradictory statements.


'man may lie but documents never'

santosh (advocacy )     25 August 2008

the will is a last desire of the testetor, if testator is alive he can change his will day by day, he can not be bound for any particular will, there is no need will to be registered, for the giving some legal waitage to the will the registation be done. 

Kiran Kumar (Lawyer)     25 August 2008

will may be changed n number of times.


however a registered will does have priority over an unregistered will.


but if the claimant proves the subsequent change of will then the earlier registered will may be discarded.

Narayanan. R (Advocate)     25 August 2008

Dear Suresh


it is rights that those words cannot bind the testator. Will has no need to register. there is no weightege for the registered Will.  the law behind the Will is The Rights of Inheritance of property should be be gone by the intentions of the owner by way of testament. so the geniuneness is the only criteria of the Will.  there can be any number of Will. but the Last Will only survive and come to existance after the death of testator. Previous Will cannot bind the testator though it contains those words, if the subsequent Will is proved.


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