Legal Question in Family Law in India

Re: validity of will incase will contains reference of such document which doesn

as is evident from your reply, the person had got the property by a unregistered will.

but it is not clear whether he had got that will executed...

if he does not have title to a property, he can not execute a will on that property.

Re: validity of will incase will contains reference of such document which doesn

According to law the last will is valid and all the previous wills will get obliterated,and you state that the last will is registered means that is the authority to show that person who executed the last will was present in the sub-registrar and has executed the same in the public. the Earlier will though not registered will enhance the authority of showing that he was in favour of the person who has obtained the will that the executor or maker of will has done this voluntarily.

The Court case will take its own time and the same will be perused at the time of evildence if presented by the person and whether the court will allow the unregistered will document to present or not depends on the judge of the court.

so the Registered will has more authority and power.

Regards

B.Balasubramanya.

Advocate.

Re: validity of will incase will contains reference of such document which doesn

In the case of will that one which has been created at last will be valid whether registered or not.

Regarding the matter of title only a person when he acquires it can only convey it.

Re: validity of will incase will contains reference of such document which doesn

The last Will of the executant is the document which has the maximum value and enforceability in the eyes of law. However, the Will that needs to be relied upon has to be proved that it was indeed the last Will of the executant, which I think the Court will decide in the declaratory suit.

Re: validity of will incase will contains reference of such document which doesn

Let me put the facts in the correct perspective. A person "A" made an unregistered will (hereinaftered referred to as Unregistered Will) of a particular date and bequeathed the property in question to "B" (the person in question). "B" made his last will (hereinafter referred to as Registered Will) by which he has further bequeathed the said property. Further in the said registered will, B has given reference to the earlier Unregistered Will. However the date of the Unregistered Will is wrongly mentioned.

Further during his life time "B" had instituted a title suit claiming the said property on the basis of the Unregistered Will and date of the said Unregistered Will in the suit is correctly mentioned.

One has to see the last will of "B" and check whether the description of property matches the property mentioned in the Unregistered Will. Whether all other particular like address, location in respect of the said property is correct. If the above particulars are correct, then the incorrect mention of the date of the earlier unregistered will shall be construed only a typographical error. The said error in date will not make the last registered will of "B" invalid.

This position would be further strengethed by the fact that in the title suit filed by "B" he had correctly mentioned the date of the earlier Unregistered Will.

It is also pertinent to mention, that a Will need not be registered. What is to be seen is whether the will is the last will of the person or not. The last will of a person whether registered or not is alone valid in law