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Will was executed but brothers filed injunction suit
15-Mar-2023 (In Property Law)
My father executed a regd will on2.11.2014 and put a condition to fulfill to get the will into force and he died on 19.6.2015. Condition was fulfilled by executing a gift deed ( a flat) infavour of 2 sisteres by all the 3 brothers on 10.7.2015 and took possession of our respective shares and enjoying. 2nd brother filed a injunction suit stating that he got another unregistered will dt.19.2.2015 according to which i am not having any share in the property. In the second unregistered will same condition was imposed and was not fulfilled, as the same was fulfilled as per 1st will.LEGAL POSITION
Registration of a Will is purely optional. Even an un-registered will is valid for all purposes. Last Will of the testator will prevail over any number of previous Wills. Whether registered will or unregistered, it will have to be proved before the court when disputed.
There is a presumption of execution of will in favour of beneficiary when it is registered, therefore the burden on the other later unregistered will to prove is much more.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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