Which will is more effective
Diego stanga
(Querist) 20 January 2014
This query is : Resolved
Respected Sir/Madam,
I am an individual living in Mumbai. My problem is regarding my grandfather's WILL after his death. My grandfather had three children two daughters and one son i.e my father who is eldest of them. My grandfather died in 2011. Before his death he was suffering from a paralysis stroke which happened in the year 2004. Before that year my grand father was of sound and mind. Being a senior citizen he wrote a handwritten WILL in the year 2002 favoring my father and me regarding all the property and it was signed by my grandfather and by two witness. Both the witness are alive and of sound and mind. He i.e my grandfather also wrote another WILL which was from my grandmother's side regarding her property. Thus, the WILL of my grandmother was signed by her and it was also favoring my father and me. It also included the same witness signature. My grandmother is alive and suffering from old age. Both the WILL i.e of my grandfather and my grandmother are not registered.
Sir/Madam now, both the daughters of my grandfather are interested in the property share. They don't know that there is an existence of a hand written WILL by my grandfather and he has not stated that it is my last will or i cancel my first WILL which is registered in 1989.
But Sir/Madam there is a problem/confusion. In the late 1989, my grand father wrote a WILL in Punjab in punjabi language and it was registered. It included only the district in which he was having his property i.e "Maharashtra district THANE". Not complete address of the property.
Sir/Madam in both the WILL's, my grandfather hasn't mentioned his two daughter's name. He has stated it as "my two daughter's". They are unaware that there are two WILL's of my grandfather, one from late 1989 and another from 2002.
Sir/Madam I'm confused which WILL to show and execute of my grandfather.
P. Venu
(Expert) 21 January 2014
The latter will prevails, irrespective of registered or otherwise.
Rajendra K Goyal
(Expert) 21 January 2014
The will written in 2002 prevails whether it is registered or not.
Biswanath Roy
(Expert) 21 January 2014
If the will categorically mention at the begining that " This is my last will and testament cancelling all other previous will or codicil if any " then only the will in the year 2002 will be valid although it is unregistered otherwise the registered will shall be valid in the eye of law.
Diego stanga
(Querist) 21 January 2014
The WILL of 2002 does not state that it is my last WILL or i cancel my first WILL. Other thing is that both the daughters of my grandfather are unaware about both the WILL's.
Please Reply above Expert's urgently.
Dr J C Vashista
(Expert) 22 January 2014
Mr./Ms. XYZ,
1. Disclose your identity, donot remain anonymous, it is greatness of the experts who are entertaining you without being pointed out.
2. As stated hereinabove, whether it is mentioned or not that "it is my last WILL or i cancel my first WILL" donot change the law or the fact, therefore last will shall operate.
3. Close this thread please.
V R SHROFF
(Expert) 22 January 2014
last WILL OPERATES.
Rajendra K Goyal
(Expert) 22 January 2014
Humbly differ with the expert Biswanath Roy ji, last will be operative.
ajay sethi
(Expert) 22 January 2014
last will . apply for probate of last will . it supersedes earlier wills
Biswanath Roy
(Expert) 22 January 2014
I reiterate without revocation of the first registered will the second will made in the year 2002 cannot be effective more particularly when the same immovable property was bequethed.
