Raj Thakker (Executive) 18 May 2018

Will

Hello,

My friends divorced proceding was going on and mean while he passed away , however he has made his will by his own handwriting where there is no witness.He expressed in his will to transfer all hsi assets to his parents.

1)LIC he has made his mother nomination in all policy.

2)PPF also 100 % Share to his mother.

No other assset as such.

Now his wife has filed suit against in laws to get control above all this as it was in her husbands name.So what could be outcome of same?

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 18 May 2018

Parents and wife both have right on the asserts of son.

As the will is not signed by witness then validity is double full as per my view.

Feel free to cal for any help at 9456777600.

Kumar Doab (FIN) 18 May 2018

The said document is handwritten and there are no witnesses.

For a WILL to be valid, IT should be signed by testator in the presence of 2 witnesses and dated and place should be mentioned.

Rest go thru and relate with provisions of personal law e.g; Hindu Succession Laws, that applies for disposal of estate/property of deceased.

e.g;

THE INDIAN SUCCESSION ACT, 1925;2(h),5

https://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf

Kumar Doab (FIN) 18 May 2018

The LIC and establishment with which PPF a/c was opened can pay the nominee and be free from IT’s responsibility.

The legal heirs can claim from nominee.

The spouse (wife) is legal heir and can also approach court to pay her share.

If LIC, establishment with which PPF a/c was opened has been instructed by court not to pay nominee then IT shall wait till court passes the order.

The legal heirs can compromise the matter and appraise the court and request to pay the legal heirs the share and court can advise the establishments accordingly..

Rest discuss in person with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters and having successful track record ….. and worth his/her salt …

DorothyLafferty 22 May 2018

The legal heirs can compromise the all you can eat near me sushi matter and appraise the court and request to pay the legal heirs the share and court can advise the establishments accordingly..