Gurdip Singh (Accountant) 24 May 2012

Defective will ????

Urgent .... looking carefully I have discovered that my father's last will and testament

contains no date on the last page. It is a three page will but the last page, on which there is signature of

the two witnesses, has no date. Will this make the Will invalid ? My lawyer is not sure.

Also, I find in court, the lawyer for my sister keeps making marks on the original will by

borrowing it from the Judge during cross examination and underlining sentences, marking in

oarenthesis. Is this legal ?

Please help me because my lawyer does not know the law on these issues ...

Thanks.

Gurdip Singh

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 24 May 2012

It depends on the cross examination of the wittnesses, if the suit is pending.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 May 2012

Dear Mr.Singh,

A will is not required to be compulosorily dated - the attesting witness as well as propound would have to prove execution on the date it was executed.

No mutiliation of original will filed as court exhibit should be seriously objected to and no prudent judge is likely to allow it.

Feel free to talk !

VIVEKINDIANLAW (MADRAS HIGH COURT) 07 June 2012

kindly say.. if there is any date stated in the will or it is undated will??? other than ur father anyone wrote anything in the will??

mail me vivekindianlaw@yahoo.com

for and detail discussion.. i may not be regular to this web..

Kumar Doab (FIN) 01 August 2018

Object to such matters while in court.

Your lawyer would know what and when to object.

Approach a very able senior LOCAL CA/counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Civil courts, HC, SC……