Manish Negi (Expert) (394 Points)
14 May 2012can a person make two wills for two different properties situated in India. Is there any provision in this regard. Please mention.
Amol Gopal Kabra (CA,CS,DISA)
(Practicing CA)
(8539 Points)
Replied 14 May 2012
If there are two properties situated in India, then they should be mentioned in a single will only. If two wills are made, then only second will shall be operative by law and first will shall be ineffective and shall be dealt with by the succession law. So all the properties should be covered by a single will only.
Mihir Manohar
(CA Final - Article Assistant)
(474 Points)
Replied 25 June 2012
A lot thanks amol sir.......... but what does it exactly mean that 1st deed becomes ineffective under the succession law?
Omkar Sapre
(2 Points)
Replied 13 September 2023
The answer by Mr Amol is completely wrong! There is no requirement under the Indian Law that all the properties should be mentioned in one single will!
It is perfectly permissible under the law for a person to make concurrent wills for separate and distinct properties, as well as appoint different executors for the same.
The intention of the testator is paramount. If the testator has made two wills regarding separate properties, and there is no cross-mention of properties in either will, no court can say that consider only the last will. Then what to do with the second property?
So it is permissible under the law to make concurrent wills, and it is advisable for the testator to make separate wills for separate properties, particularly if the executors and beneficiaries are different!
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