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Multiple Will for partition, one was contested but withdrawn.
20-Feb-2023 (In Property Law)
Regarding partition, first one will was formed(Will1). Then Will2 was formed which explicitly overrode Will1. Both wills are registered. To enforce 2nd will, a court case was filed. The plaintiff later withdrew the suit (order below). This was final order by the High Court. Does it mean that it invalidates the Will2? Does it imply that now WIll1 is the only which is valid one?
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STATEMENT OF MR.XXXXI, LEARNED COUNSEL FOR THE PLAINTIFF
WITHOUT OATH
I have been instructed by the plaintiff that suit may be dismissed as withdrawn.
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First of all only the last will of the person is considered to be a valid will. The Will2 you are talking about will be considered valid if the date of enforcement is later then the Will1 as stated by you.
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Adv. Jitender Singh
Delhi | 500+ Answers
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You have not mention whether Will is registered or notarised and it is obvious that when the second will is executed usually the earlier will have no value it also depends on the weather the witnesses are alive or not or whether they are ready to deposed in the court merely having a bill does not fulfil any purpose you have to take probate or letters of succession for more details contact our office thank you
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Adv. Dev Yati
Delhi | 200+ Answers
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