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Common Probate of Two Wills of parents


01-Aug-2023 (In Wills / Trusts Law)
I have a query regarding Hindu succession law, would appreciate help from subject experts: X dies leaving behind an unregistered will wherein he names his wife as the beneficiary in respect of all his movable and immovable properties. The process for probate of X's will was yet to be initiated and his wife also died, within 12 months of X's demise. Wife also leaves behind an unregistered will wherein she assumes ownership over the estate of X and names the beneficiaries. Now to give effect to the will of X's wife, would both the wills require probate or only the will of X's wife?
Answers (2)

Answer #1
800 votes
To understand the answer of your queries, a few things need to be clarified. Whether the properties of X were ancestral or self acquired? Was the unregistered will signed with free consent or under duress? Further and better particulars are needed for an effective opinion.
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Answer #2
905 votes
Dear Sir ,
Probate can be filed of a registered Will. However, if there are attesting witnesses then in accordance to and application of the Evidence act Probate of an unregistered will can be done.
only the will of X's wife Will is required for probate.
contact me further for detailed discussion.
thank you
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