If the will that has been created on a stamp paper is not signed on all pages
Goldy
(Querist) 24 April 2014
This query is : Resolved
Dear Sir,
We are two brothers and two sisters. At present, my parents are no more. My mother died before my father. Our house belonged to my mother. My understanding is that after her demise the property belonged equally to four of us and our father which means 5 shares. One of my brother has recently showed us a Xerox copy of my father's will which states that my father willed his share to my brother. This will is on a stamp paper, however, only the last page has my father's signature and the witness signatures. None of the other pages has his or any witness initial or signature. My only concern is that anyone can easily change the other pages since they are not signed. How legally valid is this kind of a will? My sisters are agreeing to provide a NOC so that my brother is able to take my father's share. However, I do not feel that this is correct. Kindly advice.
Devajyoti Barman
(Expert) 24 April 2014
The Will has no value unless it is Probated. while APPLYING FOR probate YOU WILL HAVE THE OPPORTUNITY TO CHALLENGE THE WILL AND GIVEN THE CONDITION OF THE WILL IT SHOULD NOT BE MUCH DIFFICULT ON YOUR PART TO QUESTION TO VALIDITY OF THE SAME.
Goldy
(Querist) 24 April 2014
Thanks for your quick answer Mr. Barman. One more question that comes to my mind is that all documents pertaining to the house and other assets are being withheld by my brother. He is not ready to divulge in any details. I had gifted my mother some ornaments which are supposedly in a locker. My brother will not answer any questions. Due to personal obligations I want my legitimate share. What is the way out?
malipeddi jaggarao
(Expert) 25 April 2014
Either you should be aware what assets of your parents more liquid and immovable. For immovable properties if you make a search in the concerned Sub-Registrar's Office where the property is situated, you will know exact date of purchase etc., and apply for public copy of these documents.
The best way is to rope in the elders first, at least get the details of assets, try to settle the things amicably. Your sisters can also help you by prevailing over the other borther for amicable settlement.
If you do not know the details of property, if you do not know the bank accounts, if you do not the locker with which bank your deceased parents were having, how do you expect that you can claim the share. As far as Will is concerned, file a petition for probating the Will and contest the contents.
ajay sethi
(Expert) 25 April 2014
file suit for partition to claim your share in property . if your brother relies on will he would have to apply for probate
T. Kalaiselvan, Advocate
(Expert) 26 April 2014
I agree with the experts views that firstly the Will should be probated and you have a chance to challenge it then. After that if you are knowing the details of moveable assets you can file a partition suit for them as well as for the immoveable properties.
