Revocation of will by operation of law due to divorce
Can a validly created WILL be revoked by operation of Law when the testator (Hindu) divorces his wife - an event that takes place post-execution of the WILL although it was not the intention of the testator ? Can such WILL include "It is NOT the intention of this WILL that this be revoked in the event of divorce between testator and his wife unless the Testator himself so desires and does such revocation on his own at his sole discretion" The reason for this is the Testator wants to include in his "LAST AND THE ONLY WILL" three other beneficiaries (his own sisters) of a immovable property of considerable value without his divorced wife challenging such inclusion on the ground that this deprives her of a larger share. The three other sisters (before their marriage) had funded purchase of the Site in 1978 (when the Testator, aged 28 years, unmarried then, alone was not able to meet the financial commitment) and the property remained in the Testator's single name.
A will whether registered or unregistered can be changed any time during the life time of the testator - You can write a new will overriding the old will and assign a portion to your sisters also
--- Advocate C V Srinivasa
Advocate C V SrinivasaBanashankari, Bangalore
All this explanation is unnecessary, as you have missed the whole big point that a will is the last will of the testator. The testator HAS UNLIMITED POWER over his absolute property and can alter, substitute or amend the wills he has made any number of times without assigning any reason whatsoever. Don`t pay heed to any legal advice contrary to the one I have given here. When alive, no one can challenge the testator for keeping on changing his will. But he has to do it shrewdly or else he will leave his legatees in eternal legal battle.
Advocate S.K Prabhakar ShettyVidhana Soudha, Bangalore
I gone through your inquiry. As per law the LAST WILL of the WILL Survive. Another important thing is the WILL does not require compulsory registration.
It does not require to include " it is not the intention ...."
He can execute a new WILL stating " my other/ last WILL will dated..... stand canceled" WILL in the presence of 2 WITNESSES. Here you can also state the reason for new WILL.
Please proceed with new WILL.
Advocate M Lakshmikanth AryaSheshadripuram, Bangalore
Sir in case of wills only the last will is valid hence the last will which you make will have legal value hence the will can be changed anytime before death and hence just get the will done and it is better you register as it has much importance though will does not require registration.
Advocate Bharat NarasgoudaShivaji Road, Belgaum
File Mutual Consent Divorce @ Rs. 25,000/- only
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