Will

bhanu pratap720 (Querist) 08 December 2013 This query is : Resolved
there are two wills . one registered and one unregistered . the unregistered will being the latest divides the property equally among all the members equally . The other registered will gives the property only in favour of the brother . the brother also contends that he had invested money in the property ( which is the subject matter of the will .) What are the relevant case law delivered by the Supreme Court in 2013 ? What are the landmark judgments of Supreme Court in this matter ?

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ajay sethi (Expert) 08 December 2013
the last will supersedes all prior wills . it is immaterial whether earlier will was registered or not . apply for probate of latest will . you dont need case law for aforesaid proposition

Rajendra K Goyal (Expert) 08 December 2013
Latest will is valid, registered or unregistered does not make any difference. Citation is not provided in this section. Search Indiankanoon.com.

R.K Nanda (Expert) 08 December 2013
nothing to add more.

prabhakar singh (Expert) 08 December 2013
nothing to add more.

Raj Kumar Makkad (Expert) 09 December 2013
I have also the similar opinion as expressed above.

Guest (Expert) 09 December 2013
If you are very particular you could add the clause in the recent Will that it cancels the all the earlier ones

malipeddi jaggarao (Expert) 10 December 2013
Expert MR.Narasimha - when the second Will is already executed how anybody can add the clause? If the author of the Will is alive, he can follow your advice and draft a third Will.

I agree with all other experts.

Guest (Expert) 10 December 2013
Dear Author,Unless the author of the will who else would be expected to do this.If the person executed the will is there it could be done.That is what I meant.No where in the query the present status of the person who executed the will is mentioned.When they could assume he is not alive I would assume he is alive and post my reply

T. Kalaiselvan, Advocate (Expert) 10 December 2013
Mr. Narasima is right in his reply, how is Mr. Jagga Rao assuming the testator of the will is no more because the author's question is continuing, so as per author if the brother contends that he invested money in the property,as per recital of the registered Will, it means he is objecting the testator over the subsequent Will (??)

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