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Prasad   19 September 2020

registered will vs unregistered will

If a person had registered a Will due to daugther forcing and later wrote a unregistered will on 100 rp stamp paper. can the unregistered will be used to fight in court of law if the unregistered will explains the reasons for writing unregistered will again.

thanks


Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     19 September 2020

Will requires no stamp duty and no registration.will can be written on a plan paper and it also does not require a particular format.Essential condition for a valid will is that it must bear the signature of testator and two witnesses.A person can write number of wills during his life time but last will shall prevail over all.It is hardly matter that earlIer will was registered and later was unregistered.

kavksatyanarayana (subregistrar/supdt.(retired))     19 September 2020

Your query requires clarity.  However, the last will with the signature of the Testator, two witnesses, and scribe whether registered or not will come into force after the death of the Testator.

S.JEEVAGAN, Madurai. (Advocate, High court )     20 September 2020

Will means the legal declaration of the intention of a person with respect to his property. It is a unilateral document which takes effect after the death of the person making it. It can be revoked or altered by the maker of it at any time when he is competent to dispose of his property. So the last will alone will prevail over all the other wills executed by the testator notwithstanding its registration. Only thing is that the last will ought to have been executed as per the  provision of law.

Dr J C Vashista (Advocate)     20 September 2020

It is an academic topic for debate.

G.L.N. Prasad (Retired employee.)     20 September 2020

The unregistered will prevails.

However depending on facts and other circumstances if the final will is challenged, the court has to decide the issue.  One can only defend and the other party has to establish that the unregistered will is not valid or it is obtained by fraud or undue influence .( QUERY: can the unregistered will be used to fight in court of law if the unregistered will explains the reasons for writing unregistered will again.

 

Prasad   21 September 2020

to add to this debate. can anyone write the property in their will thats going to inherited in future from unmarried elder brother?

P. Venu (Advocate)     03 October 2020

Admittedly you have no real-time issue.


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