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Nandagopal Rao (Retainer)     22 April 2014

Probate of will

A is a Hindu Male and bequeaths his properties to his wife and further upon her death, bequeaths the same to his brother.  Said will be executed before the Sub-Registrar and registered.

Under the circumstances, upon death of A, whether his wife should get probate order from the Court?

and Whether, upon death of A's wife, whether A's brother should get the will probated by a court?

Kindly clarify.



Learning

 3 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     22 April 2014

yes.

upon death of A,  his wife get probate order from the Court.

upon death of A's wife, A's brother get the will probated by a court.

or both can be consider in one order depends on court.

Nandagopal Rao (Retainer)     22 April 2014

Dear Adv. Sonavane, Please examine Section 212(2) of Indian Succession Act, 1925; and please re-clarify.

Anand Bali Adv. (Advocate Solicitor & Consultant)     23 April 2014

Dear Friend,

The maxim is the every Will rover rides the previous will.

In your case first Will was made in the favour of wife by A bequeathing his property to her but only during his life time she died and then he (A) bequeathed his property to his brother's name by a second Will, thus this second Will was his last wish and it will over ride the previous one, thus it has to be probated by the court and then executed by the way of getting a letter of administration from the court.

Here the first Will will have no effect as it lost it's force and validity when the second Will was executed by the Executor testator.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

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