Legal Question in Wills and Trusts in India
When a registered will is placed in a court for its validity,my question is that whether the court sends the legal notice to all the legal heirs of the will or only to a concerned/intereste parties in the will. Secondly, can a non-registered will of latest date supersede registered will of earlier date at any point of time?
4 Answers from Attorneys
When a Court is called upon to decide if a particular will is genuine or not, it will attach greater credence to a plea that a will has been duly executed and attested, if it has been registered. Please note that the issues of whether the will is invalid for reasons like Insanity or Coercion still remain and the registration of a will makes no difference.
Secondly, under Indian Registration Act-Will is not necessarily to be registered and hence its validity and importance will not be affected by registrationThus a non registered latest date will supercedes the registered will
the legal notice is sent to all the legal heirs for entertaining their objections qua the will. regarding the non registered will of latest date, to my mind, the registered will would prevail over the non registered one even if the non registered is latest.
When the court intends it can ask then the registered will be taken into consideration by the Court. The court will only inquire the witnesses to testify the will not the concerned or interested persons.
I agree with Adv Dash