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Ramchander S (Mech Engg)     19 February 2016

Will - complications in property

Would request some answers by experts.


"Rama" executed an unregistered Will Y in 1989 where he bequeathed House 1 to his son. Will Y also says that with a view to bequeath the “balance’ of properties to his son, he executed Will Y.


Will Y further states that Rama executed another Will X in 1980 wherein he bequeathed some properties to his daughter. Will X is not traceable.


It is claimed by Rama’s son that there is a codicil dated 2005 to Will Y by which Rama bequeathed House 2 to  Rama’s wife who in turn gifted it to her son in 2008. Rama died in 2005. Will Y was registered in 2008.


My queries are

  1. Is Will Y technically a will or a codicil?
  2. In the absence of Will X, is Will Y valid?
  3. Since it was stated in Will Y that Rama made Will X and bequeathed some properties to his daughter and only the balance are being bequeathed to his son, can it be interpreted that all properties till 1989 other than House 1, will go to Rama’s daughter.
  4. Will Y was presented by Rama’s son and was registered in 2008. Rama’s daughter did not attend to the notices issued by the Sub-registrar. Rama’s daughter feels Will Y was attested after the death of Rama and would like to contest it’s legality. What would be the procedure? 

Thanks in advance.


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