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jayantha   22 November 2024

Two wills on same property

My fathers brother made a will to my brother in year 2004,and in year 2015 he made a will on same property in my name without cancelling previous will, i applied for katha after my uncle expire, now am in position and enjoying property, now my brother got to know about previous will, and asking me property that he is owner,

Please tell me which will is valid dear advocates



Quick Summary
When two wills exist for the same property, the most recent will generally prevails. Even if the later will doesn't explicitly cancel the previous one, it is typically considered automatically revoked. Therefore, if your uncle made a new will in your favour after the one to your brother, your will is likely the valid one.

 2 Replies

Real Soul.... (LEGAL)     22 November 2024

The latest will prevails. Sometimes even it is mentioned in Will that previous will shall be non-est and cancelled. If your will is the last one that will be effective and previous one is automatically cancelled if the will is regarding one and the same property

Advocate Bhartesh goyal (advocate)     22 November 2024

Last will shall prevail, earlier will automatically stand cancelled after execution of latest will even not mentioned in regarding cancellation of previous will. Since you  last will is in your favour so it will be deemed valid will.


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