registered will vs un-registered will

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
my father are four brothers .My grand mother made a registered will on
the name of father and his youngest son on sep'2007.But my one unlce presented a un-registered will in the court of dated oct'2009.so please tell us validity of the will.

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adv. rajeev ( rajoo ) (Expert) 26 September 2010
both unred and regd., will can be challenged. When there is a regd., will in favour of your father and youngest son to get it declared both will have to file a suit for declaration and injunction against your uncle.
What are the contents of the un regd., will? and it is to be looked in to whether regd., will is cancelled or not?

Devajyoti Barman (Expert) 26 September 2010
Only the validly executed Will of the later date prevails. The registration does not make any difference.

s.subramanian (Expert) 26 September 2010
If the registered will is proved to be the last will it will be upheld by the court. If the unregistered will is proved to be true and the last will,it will be upheld. Registration alone does not confer any sanctity on the will. The execution and the attestation of the will as per Sec.68 of the Indian Succession Act has to be proved properly. Whoever proves it to the satisfaction of the court he succeeds.

Arvind Singh Chauhan (Expert) 26 September 2010
I do go with Barman and Barman Sir.

Advocate. Arunagiri (Expert) 27 September 2010
The registration of will does not make any difference to the unregistered will. The latest Will will invalidate the previous wills. In other words the latest will can alter the contents of the previous will partly or wholly. However any will can be challenged whether registered or not.

Sukhija (Expert) 01 October 2010
validly executed registered will, will prevail over unregistered will.

M/s. Y-not legal services (Expert) 05 October 2010
i agree with mr.subramanian..

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