Is a second will valid under Hindu law, overriding the first?
My maternal grandfather owns 3 acres of land, and my grandmother owned 3 acres along with some additional properties. Unfortunately, my grandmother passed away three years ago. Two years ago, my grandfather wrote a will stating that the entire property would be divided equally among his three sons and two daughters after his death. However, recently, his sons pressured him into writing a new will that allocates the majority of the property to the sons, leaving only a small share for the daughters. The original will is still in our possession. According to Hindu law Is it legal for him to create a second will without invalidating the first one? Also, how can my grandmother's share of the property be transferred to the sons?
Under Hindu law, a testator may make several wills. The last would generally override any of the earlier ones unless he specifies the former to be operative or valid as well. Under duress, your grandfather may have made a new will which may be challenged for undue influence. Unless it specifically revokes it, the first will would hold good. In the case of your grandmother's share, if she dies intestate, her property would go to her legal heirs as determined by the Hindu Succession Act, which would include her children. Consulting a lawyer might be helpful to determine and pursue further action.
There may be several wills allowed in Hindu law, but if any of the latest will is made under pressure, this will most probably be challenged either on the grounds of undue influence or coercion, because the original will would generally be still in possession that explains his clear intentions. It would generally pass under the Hindu Succession Act as a share. Her wishes would apply to the same, though subject to her having made a will. Otherwise, your grandmother's share would divide amongst her legal heirs-including her child.
Sir, while your grandfather has the right to make a second will so it may be contested if it was created under undue pressure. The transfer of your grandmother’s property will depend on the legal heirs' agreement and the formalities of inheritance. Legal action can be taken by the daughters to contest the will and claim their rightful share. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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