Legal Question in Wills and Trusts in India

A testator leaves behind two Wills (both unregistered), executed at an interval of three months. Is it legal to carry out the mutations of properties on the basis of the first (earlier) WILL on the death of the testator, while ignoring and concealing the existence of the later (second) WILL, which would also be the latest by virtue of its having been executed later? If no, then is the mutation managed/carried out in this manner legal ? Can the mutations done this way be called illegal? What is the legal status/legal value of the latter or latest Will which has not been used for the mutation thus far? Can it be brought into play now for mutation of other properties/other legal matters?


Asked on 11/28/13, 5:27 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Legally, only the later Will is valid as per law of Will. You may get the mutation done on the basis of first Will but if later on any interested party can challenge this Will. but if the two Will are not the same and having description of different property, mutation can be done out of second Will.

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Answered on 11/28/13, 7:17 am


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