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rakshit saran (professional)     17 August 2012

Will law delema

   my grandfather has 6 son & 5 daughters, his soul departed on June 2nd 2012 leaving behind 2 properties (self aquired) at different locations.

     In 1995 he made a will for 1st prop. in favor of 5 sons other then my father (eldest) & mentioned that the 2nd prop. was already given to my father on which he constructed his clinic in 1964 & his res. over the clinic himself. (house tax since 1964 & construction NOC is on my father's name)

     Small portion of 1st property was sold by my grandfather, so in  2005 he made his second will nullifing 1995 will where he mentioned only about 1st property.(probably thinking that he had already given 2nd prop. to my father)

     In 2008 he made one more will, now mentioned only about the 2nd prop. & refered that since in 2005 he di'nt mention about the 2nd prop. , ensured again the delivery of 2nd prop. to my father in 1964 & he,s been using the same for his clinic & res. but in the previous (2005) will he forgot to mention about 2st prop.

      My father expired 2 months before my grandfather did.

     My Q is-

       how's court going to read the 2005 & 2008 wills? As a single will (some necessary amendments in the prepared Will in 2005 which is otherwise called as Codicil.) or the seperate wills ?

 

      



Learning

 2 Replies

surjit singh (Assistant)     18 August 2012

I think the court will read all the will while deciding the final out come because from your version it appers all subsequet wills are inter related. The last will as regard the particular property, 1st property or 2nd property   will prevail.

rakshit saran (professional)     20 August 2012

but then my father expired before my grandfather did, in that case the last will does not implicate according to law?


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