• Will amendment

Dear Sir,
My grandfather had left a will before his demise 30 years back which was not registered. His 3 sons amended the same and registered it immediately since my father didn't have a son then. Now my father wants to go back on the amendment and would like to stick to the will left by my grandfather.

Please let us know if it is legal to amend will on family property by next generation.
Kindly note this amendment was done when my father had no son/daughter.

Regards,
Raj
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) sons cannot amend father will 

2) only father can revoke his will and execute another will in presence of 2 witnesses 

Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
A. During the lifetime of the testator (Executor of Will) it can be amended at any time and once the Will is amended then it will operate itself from the date of the new amendment.

B. Once the testator i.e your grandfather died, it cannot be amended by any manner. However, if you would like to amend any property number correction or small tinkering in the draft of will that should be confirmed by the Court.

C. Whatever the property has been disposed through will that property shall distribute according to the Will and the person who are getting the same are eligible to dispose or alienate to any person.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
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Hello,
1) It is illegal to make any amendments to a Will. The only person who has the authority to do so is the testator himself/herself during his/her life time. Therefore the so called amendment is illegal and so invalid.

2) To go back and put on effect the actual will the original Will had to get probated in a court of law. This will ratify the will left behind by the grandfather.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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The 3 sons are not eligible to amend the Will left by the grandfather. It is only the grandfather who could have done that. The Will even if registered can be challenged on the ground of the incapacity of the 3 sons to amend the Will. It is advisable that the probate be applied by your father for the original Will left by the grandfather. It will nullify all the amendments brought which anyways are illegal and not binding on the parties.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. It is not clear from your letter that the Codicil(amendment to the WILL) was made by your grand father or by any body else.
2. A WILL executed ealier can be amended later by the person executing the WILL, i.e.,the Testator.
3. It is not mandatory to register the WILL.
4. A WILL cannot be amended by any body else other than the Testator.
5. If anybody tries to amend the WILL,  even by next generation lineage of persons of the Testator or by anybody else, it is nothing but forgery and such persons can be booked U/s. 468 of IPC.
6. However if your father's name is not named as one of the beneficiaries, because he was not having any issues at that point of time, the same may be challenged in a court of law.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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unregistered will has no effect in absence of corroborative evidence[G.Ganesan vs P.Sundari ]. any amendment/registration in WILL after demise of executor also has no effect. this will has no legal value. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Hem Nolini v. Isolyne Sarojbashini- Section 213 of the Indian Succession Act, 1925  says that no right as executor or legatee can be established in any Court unless a Court of competent jurisdiction has granted probate of the Will under which the right is claimed or has granted letters of administration in respect of the Will. unregistered WILL can't be enforced by probate.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
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1. How could the sons amend the will? What do you mean by ''amending the will''? 

2. The will cannot be amended by anyone except the testator himself.

3. The will, as written by your grandfather, alone can take effect.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. Your Uncles are not authorised to amend the will executed by your grandfather without his consent,

2. Ask your father to apply for the garnt of probate of the said will executed by your grandfather,

3. It is not mandatory to register a will,

4. Once probate for the will is granted, your father can claim is share as mentioned in the said will.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Hi, whether the will was amended during the life time of your grandfather or not if it is amended during his life time you can't do any thing right now.

2. Suppose,  will was  amended after the death of your grandfather then the will has not valid in the eyes of the law and you can challenge the same in the competent court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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