can we raise a registered will on properties and later after some years continue one more unregistered will with minor alteration of a particular para. please clarify.
gopns (xxx) 27 September 2010
can we raise a registered will on properties and later after some years continue one more unregistered will with minor alteration of a particular para. please clarify.
Ms. Khushnuma Khan (Proprietor) 27 September 2010
Dear Querist,
Under section 18 of theThe Regsitration Act 1908, a Will is not compulsorily registrable. Any change in the Will can be effected only through Codicils which again donot require registration. If any one desries to change his Will whether registered or unregistered he may do so by making a fresh Will and cancelling the earlier Will, because there cannot be two Wills by same person. A Will can only come into effect once a Probate is obtained from the Hon'ble High Court within the jurisdiction of which the person who made the Will resides at the time of his/her death. The applciaiton for probate needs to me made withih two years form the date of the death of the person who made the Will. Hence you will not enjoy the property unless your Will is Probated.
Rgds,
Khushnuma
Bharatkumar (ADVOCATE ) 27 September 2010
Last WILL is velid in law. And u registered a one WILL in registrar office and one is unregistered this is a wrong way u registerd a new WILL in registrar office so first WILL is cancel.
raj kumar ji (LAW STUDENT ) 27 September 2010
i think there is no time limit of will probation ?
Ms. Khushnuma Khan (Proprietor) 27 September 2010
Dear Rajkumarji,
High Court Rules 382 of the Original Side provide as follows: In any case where an applicaiton for Probate or Letters of Administration or Succession Certificate is made for the first time after a lapse of three years fo=rom th date o the death of the deceased, the reasons for the dealy shall be explained in the petition."
In view of the the aforesaid provisions we hope the issue is sorted out.
Rgds,
Khushnuma