Regarding unregistered will
SANGAMESWARA RAO DHUPAM
(Querist) 02 February 2014
This query is : Resolved
Respected Sirs,
One person executed a Will bequeathing his self acquired property in favour his elder son and wife and the Will was registered in the office of the Sub-Registrar. After one year the Testator executed another Will reciting that he already wrote a Will and it was registered in the office of the Sub-Registrar and now he cancels that Will and executed this Will bequeathing his property to his second son and his wife. The present Will is not registered. The Testator died. Now the elder son raised objection that the Will previously executed in his favour was a registered Will and the present Will is not registered and hence the un registered Will is not valid since the previous Will is not cancelled through a registered Will. Sirs, Please clarify in this regard.
M.Sheik Mohammed Ali
(Expert) 02 February 2014
where are you from ? are you in Metropoliton area you should propate the will otherwise its not valid, and same, no need to register the will.
Raj Kumar Makkad
(Expert) 02 February 2014
The claim of the elder son is not accurate. The subsequent will though unregistered shall prevail over the previous one though registered subject to the term that there is specific mention of his previous will in the last will with the specification that the earlier will is being cancelled thereto.
kuldeep kumar
(Expert) 03 February 2014
Property will be divided as per succession law becoz legatees are near relation and earlier will is not canceled by another will regs.
Rajendra K Goyal
(Expert) 03 February 2014
Later will holds good whether it is registered or not.
ajay sethi
(Expert) 03 February 2014
second will is valid . it revokes all previous wills made by testator . registration of will is optional
Advocate Bhartesh goyal
(Expert) 03 February 2014
It is not mandatory to regiser a will .Subsequent will shall be valid either it is registered or unregistered.
SANGAMESWARA RAO DHUPAM
(Querist) 05 February 2014
Respected Sirs,
Thank you all. I am satisfied with the views.My doubt is clarified. Once again thanks to all the experts.
ajay sethi
(Expert) 05 February 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
Yes I agree with the experts opinion that the subsequent Will is held valid and it is immaterial that the Will was registered or not, however, the will has to be probated in the District court or an equivalent court.
