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rahul   05 September 2023

Will case execution

my grand father execute a will and mentioned some properties unfortunately he missed one property in the will and therefore he execute another will and again he missed one property will which he mentioned that property in the previous will . and he mentioned one line in the last will that all previous will is cancelled now the question is that the property not mentioned in the last will divided among the all legal heirs or it will be divided as per the previous will which is not mentioned in the will.



Quick Summary
This discussion addresses a complex will execution scenario where a testator executed multiple wills, missing a property in the final one. The final will explicitly cancelled all previous wills. The core question is how the property, mentioned in an earlier will but omitted from the last, will be distributed. The consensus is that properties not explicitly mentioned in the final, valid will are typically divided among all legal heirs. However, the mention of the property in a previous, now invalidated will, adds a layer of complexity.

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 September 2023

The property which was not mentioned in the will shall be divided among all the legal heirs.  But the previous Will is not valid as a new Will was executed.

Shashi Dhara   05 September 2023

Only the last genuine will becomes  in enforce so all previous wills become   invalid .

Advocate Bhartesh goyal (advocate)     05 September 2023

It is settled law that last will shall prevail Properties not mentioned in last will,shall be divided among  all legal heirs.

rahul   05 September 2023

But in previous will the property is mentioned 


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