• Mutation and will

1st registered will and second unregistered will 
I want to a mutation of property on the basis of 1st registered will in l and do departure Delhi 
What happen if second will come in light after getting mutation done in my name on behalf of 1st registered will 
Both wills are in my name and I had got noc from other legal heirs on the basis of 1st registered will

Ram
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

It's advisable that you go for probate of registered will, so as to prevent any dispute in future, though it is not mandatory in Delhi.

Probate' means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Probate court offers an opportunity to settle disagreements over an estate among named and potential heirs. Estate issues are sensitive and can create lifelong rifts between loved ones, so sometimes it is better to allow a neutral judge to make the final decision when there is a dispute.

If you don't want to go for probate, you can get a succession certificate from civil or SDM court, and apply for mutation, but it can ve challenged in court in future whereas probate gives you security against future litigations.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear Sir, you have every right over the property of the said 1sr registered WILL. No value of the 2nd unregistered WILL unless and until to cancel the 1st registered WILL. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Hi Ram,

Indian Succession Act, 1925, defines “will” to mean the legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death. Testator is the person who wants to make the will in respect of his property. Registration of will is not compulsory.

1) However I wil go with registered WILL as it's legal documents in the eyes of law and could not be challenged easliy.

2) Unregistered WILL can be challenged in the court and need to prove, if it is proved than your latest WILL be applicable.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Mutation does not establish title in the property. It is done for revenue record of the property and at best it is presumption of title and possession and nothing else.

2. if there are 2 Wills then only the last one is effective and if you rely on the first Will then once the second Will comes to light the terms of the first Will goes away.

3. So act on the direction of last Will which alone the lawful last testament of the testator.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. 1st Will, whether registered or unregistered, stands superceded by the second Will

2. Its always the last testament and Will which is considered to be prevailing over all others

3. Even if you manage to do mutation on basis of 1st Will, later on if second Will is discovered in which a different intention of the testator appears, then mutation done on basis of 1st Will can be legally challenged and the property will get locked in litigation

2. If the intention and bequests made in both first and second Will are the same, then the noc you have obtained will work. Else not

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

second will supersedes earlier will

2) apply for mutation of property on basis of second will only

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

The unregistered will does not have any binding/legal effect in presence of registered will .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

Since first Will is registered one as such it cannot be cancelled by second unregistered Will. Further you have NOC as such you are legally entitled for mutation in your name and nothing will happen.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Ram

Registered will be prevail over the second unregistered will.

based on first Will you may get mutation and if in future there is any dispute then that dispute can be fought and win over that person by way of this registered will.

No need to worry, you are safe.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Sir to execute a Will there is a proper procedure, if you want mutation of the property on the basis of a registered Will then you will have to file a case to execute that Will and your legal heirs have to give a no objection in the court. Once all that is done, only then the court will grant to letter of admistration.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Firstly, yes there has been a law with regard to the latest will.

Secondly, but that is also must be a registered one otherwise only ye registered one would prevail over the unregistered irrespective of the fact that the second one is the latest as per law.

Thirdly, so you can very well go ahead and get the mutation on your name on the basis of the registered will.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

In case mutation is done on the basis of will then where is the problem you have NOC from all those interested parties and you have a registered will as well the second bill is not applicable as it is not registered and in case there is a litigation it will be contestable

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client,

In general 2nd will executed for same property, same is valid and previous invalid. Hope in 2nd WILL, reference of 1st WILL is there and not revoked. than no issue, get mutation on the basis of both.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The first Will whether registered or unregistered shall remain cancelled automatically upon a subsequent will coming into existence.

Any act done on the basis of first supressing the fact of existence of subsequent Will shall be null and void and also an offence under criminal law.

Why do you take a risk.

The NOC obtained on the previous will can be modified for this for utilisation.

Dont rush to take wrong decision which may cost you dearly.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

you are not a thief unless you are caught. As both the WILL in your favour and you have taken NOC. you may use the first one or the second one, its up to you. There is no claimant other than you on the properties under the WILL as per the WILL. I hope there may not be any problem in future as no one else can claim under the WILL over the property. Further more you have taken NOC from other legal heirs.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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