14. X executed a will in respect of his property in favour of Y by means of a registered will. Later he wanted to modify the will. Advise him as to the procedure.

1. Facts of the Case

X, the owner of certain immovable and movable properties, executed a registered will in favour of Y. Later, X intends to modify the terms of the will due to personal reasons. X seeks guidance on the legal procedure to modify a registered will under Indian law.

2. Issues in the Case

1. Whether a registered will can be legally modified after execution.
2. What procedure must X follow to ensure the modified will is valid and enforceable.
3. Legal implications if the modification is not registered.

3. Legal Principles Covered

1. Indian Succession Act, 1925 – Sections 63–67 govern wills, their execution, modification, and revocation.
2. Registration of Wills – Though registration is optional under the Act, a registered will carries evidentiary weight.
3. Revocation & Modification – A testator can revoke or modify a will wholly or partly by executing a fresh will or codicil.
4. Codicil – A supplementary document can amend or revoke specific provisions of the original will.
5. Witness Requirements – Any modification or codicil must be attested by at least two witnesses.

4. Possible Judgement / Advice

X can legally modify his will by:

1. Executing a Fresh Will – A new registered will automatically revokes the earlier will either partially or completely.
2. Creating a Codicil – A codicil modifies the existing will; it must be signed by X and attested by two witnesses.
3. Registration – While optional, registering the fresh will or codicil strengthens legal enforceability.
4. Ensure clarity in language to avoid disputes, and safely store the modified will with proper witnesses.

About Lawgnan

If you have executed a will and wish to modify it, it is essential to follow the correct legal procedure to ensure your intentions are protected and enforceable. At Lawgnan, we provide expert guidance on drafting, modifying, and registering wills under Indian law. Our team helps you execute modifications or codicils safely, ensures proper witness attestations, and explains all procedural requirements clearly. Protect your property and the rights of your beneficiaries by taking professional advice today. Visit lawgnan.in to consult with our experts and secure your property wishes with complete legal compliance.