Will
Querist :
Anonymous
(Querist) 15 February 2010
This query is : Resolved
Can a registered will be canceled by a subsequent unregistered will?
Parveen Kr. Aggarwal
(Expert) 15 February 2010
Yes. A will is not a compulsorily registrable document as per section 18 of the Registration Act, 1908. A will subsequent in time prevails over the previous will and the previous will is deemed to have been revoked by the testator. That being so, a subsequent will (whether registered or unregistered) revokes the earlier will (whether registered or unregistered). However, more weightage is given to a registered will in view of the presumption attached to the endorsement of registrar made on a registered instrument but if the subsequent unregistered will is duly proved then it will prevail.
Guest
(Expert) 15 February 2010
i agreed with experts
Kiran Kumar
(Expert) 15 February 2010
i do agree with Parveen, has explained it in simple terms.
A V Vishal
(Expert) 15 February 2010
The querist is asking whether "Can a registered will be canceled by a subsequent unregistered will?", the answer is NO, only a registered will can replace a registered will, the unregistered will is contentious even if it is genuine.
Swami Sadashiva Brahmendra Sar
(Expert) 15 February 2010
I do agree with mr parveen.
If registration is not mandatory under any Local Law, a registered will can be replaced by unregistered one.
B K Raghavendra Rao
(Expert) 15 February 2010
If a will is registered, it can be canceled only an another registered document.
A V Vishal
(Expert) 15 February 2010
REFER S.47.Time from which registered document operates.
A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.
FURTHER, 26.(b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
Parveen Kr. Aggarwal
(Expert) 16 February 2010
How section 47 is applicable in the instant case?
Section 18 also does not have 26.(b)?
Ashok Yadav
(Expert) 16 February 2010
Yes an unregistered will can replace a Regd. will, and it amounts to cancelletion of previous will. But the genuineness of the unregistered Will, will have to prove.
