Last will over rides earlier will
even if suit is withdrawn earlier will would not be valid
Multiple Will for partition. Final will in court case and Withdrawn. What is validity of final will?
2 wills were made for partition of property. Will2 overrode the Will1. Both wills were registered. To enforce Will2, court case was filed. Finally that case was withdrawn, Final order is as below and the partition suit was dismissed as withdrawn. Does Will2 still has validity? If not, then does Will1 only become the valid one? ** Final order from court** STATEMENT OF MR.XXX, LEARNED COUNSEL FOR THE PLAINTIFF WITHOUT OATH I have been instructed by the plaintiff that suit may be dismissed as withdrawn.
Asked 4 years ago in Property Law
Religion: Hindu
9 Answers
The suit only was withdrawn by the plaintiff and he had not sought to declare the Will as cancelled.
Hence the Will made subsequently, is held as legally valid and enforceable.
The previous Will stands cancelled upon making a subsequent Will.
Will2 is still valid.
Well if the case has been withdrawn then too the will 2 will take precedence over will 1. Why was it withdrawn?
Hi, as per law the last will is the valid one. Any number of Will which is made previously was no legal value in the eyes of law.
If court has not made any judgement on the will. The final will will prevail
As you say the second Will overrides the first, the second Will still continues to be valid, notwithstanding the withdrawal of the suit.
Latest WILL is valid and if it's not registered than it should be probate from court after death of testor 7 days. and within 12 years. But need to give valid reason to court if applied for probate late.
only the last Will made before his death is enforceable.
Dear Client,
The final will stand null and void.
Thankyou
