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rea (student)     29 April 2013

Registered will vs unregistered will

20 yrs ago before his death my father registered a will with my mother as beneficiary. A year before his death, when he was sick, he again wrote a will with my mother as beneficiary. But the second one is unregistered. We executed the second will. But now my father's relatives are opposing the will and we are facing problems to prove it is authentic. Can we use the first will now since it is registered?



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     05 May 2013

LAST WILL IS VALID

Sudhir Kumar, Advocate (Advocate)     05 May 2013

REPEATED AT https://www.lawyersclubindia.com/experts/registered-and-unregistered-will-390566.asp

Dibakar Ray (Advocate.)     08 May 2013

Hi Rea,

 

Note that last will is valid in the eye of Law. As regard to registration, Will is not compulsorily registrable under the India Registration Act.

If other conditions like free will and competency of the testator (Who makes the will) is proved in the court of law, then it will be proved beyond doubt.

Regards,

Dibakar Ray


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