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Eshaan Ahluwalia   09 September 2021

second will

A client of mine made a will in 2002 distributing the shares in his house equally among his 4 sons.Now in 2021,he wants to make a second will giving the house property only to his youngest son as his elder sons are well settled abroad since a long time and they are not interested in coming to India & have no interest in the house whatsoever. So while making the second will, what legal language and format should he use while giving the property to his sons so as to not leave the any ambiguity leading to any legal dispute in the future


 3 Replies

Shubham Bhardwaj (Advocate)     09 September 2021

Dear Mr Ahluwalia, In order to make things absolutely clear, while drafting the recital of second will mention the first will and the arrangement under first will. Thereafter also include the words " in supersession of the earlier Will dated ____, the testator, in his full consciousness and without any pressure, coercion, etc bequeaths his house property ( xxxxx descripttion of property xxxx) to Sh _______. " Rest of the contents would be similar to that in first Will. I am not saying same words but similar in principles. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, Chandigarh Disclaimer:- Opinion is only for guidance.

Kevin Moses Paul   09 September 2021

As per the situation illustrated above your client needs to file a cancellation deed and get it signatured before the same registrar office where the WILL was previously registered. The cancellation deed needs to be contained complete details of the registered WILL.
The presence of the executant personal is mandatory for registering cancellation deed.

Once the WILL is cancelled he should formulate another new WILL along with all the requisite amendments that he wishes to make.

Hope It Helps!

Kevin M. Paul

Vijay Kapoor   14 September 2021

first you have to cancel your previous registered will..and then make a new one writing a clause "cancelling the old will" and in last ... "this is my last will and the old ones will remain cancelled"

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