Registered will
JYOTHI PRAKASH MUNISWAMY
(Querist) 18 September 2012
This query is : Resolved
Respected Sir/Madam,
My Name is Jyothi Prakash M. In my family, we are four members. My mother, My Eldest sister, my younger brother and myself. we have a Bunglow worth 12 crores. That is in my mother's name. Last month, she took me to sub register office and she registered the will. She equally divided the property to me and to my brother and my sister will be getting 1 crore as mother's gift from this property. I and my friend, we both were the witness for this registered will.
Now my query is that is there any chance of cancelling this will from my mother as her mind is very fickle. If at all she wants to cancel the registered will and make a new one. Is this possible? One more thing if she wants to cancel the registered will my signature is needed as I was the witness for the will. So please clarify my duobt about modification of the will.
Thank You
Jyothi Prakash M
Devajyoti Barman
(Expert) 18 September 2012
Yes, your mother during her life time can any point of time change the Will.
Will need not be cancelled in separate document.
The subsequent Will itself is a proof of cancellation of prior Will.
Devajyoti Barman
(Expert) 18 September 2012
However the subsequent Will can be challenged by the beneficiary of the earlier Will if the subsequent one is not validly executed.
Surender Kumar Sharma
(Expert) 18 September 2012
1.Of-course at any time your mother can change the will by executing a fresh will registration is optional, and this si possible too.
2.Your signature in the fresh will is not necessary because you are simply a witness of the will.
Last will of the life is always effective and all the previous will if any will be automatic canceled.
ajay sethi
(Expert) 18 September 2012
your mother can at any time revoke her earlier will . your signature is not required . it is not necessary that subsequent will be registered also
V.Mahadevan
(Expert) 18 September 2012
While I concur with the views expressed by the experts,may I respectfully urge a query as to whether the mother was of sound mind initially at the time of execution and registration of the WILL?
A Will made and executed in a capricious state of mind could possibly give rise to adverse presumptions leading to a legal battle among the claimants to the property.
Better therefore, a doctors opinion is made a part and parcel of the WILL
Bhawani Mahapatra
(Expert) 18 September 2012
Mr. Jyoti Prakash
It is well settled principle that the latest will prevail over past will, if the same is executed with free and fair manner. Yes, your mother in her life time can execute another will in respect of the same property without consulting/informing you children.
JYOTHI PRAKASH MUNISWAMY
(Querist) 24 June 2015
In the will, my mother has clearly mentioned that it is final & last will that she is making it with full willingness. Inspite of this sentence mentioned, can the new will or gift deed be considered. if yes, does it mean that the words mentioned in the will does not carry any weightage.
