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venkatesh (engineer)     02 October 2015

Unregistered will

Dear Experts,

First of all is recent unregisterd will valid over old registered will.if stamp paper is purchased on say 22/05/2012 but unregistered will is made as on today(OCtober 2).Does it take priority over registered will which is registered on 25 Jan 2015. So incase if i it requires to prove REgistered will how it can be done?

Thanks in advance

 



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 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 October 2015

1.  A Registered Will, need not be proved, since the will is duly registered, before the Registrar of Sub-Assurances, who is a constitutional authority, under which his signature and seal, the will is registered.


2.  A subsequent UN-Registered Will (after a registered will's date) is valid enough, BUT only when contested and proved in court of law.  A un-registered will, cannot be Probated.


Keep Smiling .... Hemant Agarwal
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advocatepassy@gmail.com 971794 (Advocate)     02 October 2015

Registration of Will is not mandatory. So even if the subsequent Will is unregistered, it will have overriding effect on earlier one

advocatepassy@gmail.com 971794 (Advocate)     02 October 2015

Registration of Will is not mandatory. So even if the subsequent Will is unregistered, it will have overriding effect on earlier one

GANDHI MOHAN BHARATI (Pensioner)     04 October 2015

I do not agree with Hemant Agarwal. I have probated my Mother's Unregistered Will in the High Court of Madras.

Whether a Will is Registered or Not, if there are properties in Metros one has to probate the Will at the appropriate High Court.

Even in case of a Registered Will a letter of Administration is needed from an appropriate Court.

Latest Will shall over-ride all other Wills.

If Will is contested it becomes a suit to to be decided and Court Fee as applicable has to be paid and conested


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