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Can a Person Make Separate Wills for Different Properties in Mumbai?

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(@prakash mudgal)
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[#5520]

I have multiple properties in different cities and want to understand whether my father could have made separate wills for each property. Are multiple wills for different properties by the same person legally valid and how does the Bombay High Court deal with them when probate is sought, specifically for a property situated in Borivali, Mumbai?


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(@advocate-mudit-pratap)
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Yes, and this is a legally permissible and sometimes strategically useful approach that testators in Mumbai occasionally adopt, though it requires careful drafting to avoid creating confusion or unintended conflicts between the separate documents. Indian succession law under the Indian Succession Act, 1925 does not restrict a testator to executing only a single, comprehensive Will covering their entire estate โ€” a person can validly execute multiple Wills, each addressing different specific properties or categories of assets, provided each individual document independently satisfies the mandatory execution requirements under Section 63, including proper signing and attestation by at least two witnesses.

This approach is sometimes used by testators who own property in different jurisdictions, wish to appoint different executors for different categories of assets, or simply prefer organizing their estate planning by keeping certain properties or business interests documented separately from their broader personal estate. Where multiple valid Wills exist addressing genuinely different, non-overlapping properties or assets, each Will governs its specific subject matter independently, and there's generally no conflict requiring resolution, since the documents address entirely separate aspects of the testator's estate.

The genuine complexity arises where separate Wills inadvertently overlap in addressing the same property, or where a later Will's general revocation clause โ€” commonly included in most professionally drafted Wills stating that "this Will revokes all prior Wills" โ€” inadvertently revokes an earlier, still-intended-to-remain-valid Will addressing different property, creating unintended consequences the testator likely didn't foresee. This is precisely why testators choosing to execute multiple separate Wills should work with careful legal drafting to ensure each document clearly specifies its intended scope, explicitly excludes revocation of other specifically identified Wills where multiple documents are meant to coexist, and avoids any ambiguity about which document governs which specific assets.

Where a dispute arises after the testator's death regarding multiple Wills โ€” whether they were genuinely intended to coexist covering different properties, or whether a later Will was actually intended to revoke and replace an earlier one โ€” courts examine the testator's clear intention as expressed within each document, and where genuine ambiguity exists, this often requires more complex probate proceedings involving careful judicial interpretation of the testator's true intentions, potentially requiring examination of witnesses and circumstantial evidence regarding what the testator actually intended when executing each document.

Given how multiple Wills addressing different properties can create both useful estate planning flexibility and genuine risk of unintended conflict if not carefully drafted, professional legal guidance is strongly advisable for testators considering this approach. The team at Aapka Legal Advice helps Mumbai clients draft multiple Wills addressing different properties while avoiding unintended conflicts or revocations. The Top Property Lawyers in Mumbai team has assisted numerous clients in structuring comprehensive estate plans involving multiple coordinated Wills across Mumbai, supported by a panel of retired judges experienced in testamentary matters and criminal lawyers for related fraud concerns. If you're considering executing separate Wills for different properties in Mumbai, careful drafting to clearly define each document's scope and avoid unintended revocation is essential to ensuring your true intentions are properly carried out.


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