1) last will executed supersedes earlier will made by your mother

2) it is immaterial whether will is registered or not

3) registration of will is optional

If an unregistered will is the last will of the testator then it will supersede over the previously made because only last will of the testator is liable to be executed. According to Section 17 of the registration act registration of will is not mandatory. if this will is made by the free consent of the testator and in the presence of at least two witnesses then this will is valid in the eyes of law. you should file probate petition on the basis of this last unregistered will.

If there are two Wills then it is the later one which is enforceable under law if both the Wills are executed in a valid anner.

Registration of Willis not mandatory and hence the subsequent unregistered doesn't loose its validity only because the earlier one was a registered one.

So to give effect to the unregistered Will You will have to apply for probate which would require the evidence of one of the attesting witness and the beneficiary/executor of the Will.

This is well settled position in law and hence there is absolutely no requirement to cite any supreme court o high court decisison on this particular issue.

The unregistered will, supersedes the registered Will. The beneficiary is liable to inherit the house in terms of the unregistered will. If the unequivocal intention of the testator is clearly to made out from the unregistered will, the unregistered will is sustainable under law even though it's not registered.

It has to be given effect to.

Hello,

Registration of a Will is pure optional. Even an un-registered will is valid for all purposes. Last Will of the testator will prevail over any number of previous Wills.

Allahabad High Court: WRIT - C No. 1570 of 2017;

Appropriate test for ill has been laid down in the case of Jaswant Kaur Vs. Amrit Kaur (1977) 1 SCC369.

Regards

If the unregistered Will was written subsequent to the registered Will then the latter will prevail upon the former.

The registered will shall be cancelled automatically and it is not enforceable.

Please give latest case law specifically Supreme Court and Allahabad High Court on the matter. What steps are required to be taken to see that unregistered WILL should get preference over the previous Registered WILL.

You dont have to refer the matter along with any judgment for the clear position of law.

Will is the legal declaration of a person’s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime.

A testator who wishes to revoke his original Will which is made by him on a specified date and time, he can make revocation of the will himself by writing a subsequent Will or codicil duly executed and by destruction of the previous will, means by burning, tearing, destroying or striking out the signature of the original instrument of a Will.