Legal Question in Wills and Trusts in India

Our father expired 8 years ago and then our mother also expired 5 years ago. Our father & mother had written a joint Will. This was followed by another Will by our mother (after father's death) which was Registered. Finally, our mother wrote a 3rd (Last will) which is Unregistered. We are 3 children of our parents. What will be the process of getting Probate for the Will ? Which Will is the valid one ?


Asked on 2/25/13, 2:28 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.02.2013

Dear Sir / Madam,

(Factory Area, Faridabad, Haryana)

The latest Will that of your mother supercedes all the previous Wills drawn by the testator. A Will to be valid should be signed by the testator (maker of the Will) in the presence of two witnesses. A Will need not be registered. The executor named in the Will must apply to the Court for issue of a Probate in favour of the beneficiary to enable transfer of the property in the name of the beneficiary.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/25/13, 2:33 am
Sanjay Kalra Sanjay Kalra & Associates

The last will . Is there any dispute amongst you brothers for the content of the will ? If yes then you can file a Probate petition , else the probate is not necessary............Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/25/13, 3:01 am


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