Can this will be void under law?
Krishna
(Querist) 21 November 2016
This query is : Resolved
In the year 1975 my grandfather executed registered WILL of his self acquired properties bequeathing 1/3 rd share to his elder son, 1/3rd share to his younger son and remaining 1/3rd share to his legally wedded second wife (after death of 1st wife) without any description of the properties with metes and bounds and moreover 2nd wife (beneficiary of the WILL) being an attestor in that WILL.
Here my doubt is can i challenge the WILL by taking plea that beneficiary of the WILL being an attestor raising doubt that WILL executed by testator by coercion and fraud?
There was no description of properties with metes and bounds but whereas after death of testator his 2nd wife alienated some properties as her own wish by specifically mentioning that the said properties is an intestate succession, can this point favour me?
Finally can this WILL be void under law?
Devajyoti Barman
(Expert) 21 November 2016
There is no legal bar to attest a Will by by the beneficiary.
So if you challenge this Will only on this ground then your challenge will surely fail.
The sake is undivided property by a co-sharer has also no connection with the validity of Will.
rajeev sharma
(Expert) 21 November 2016
Merely the fact that at the time of execution of will the beneficiary was present or a beneficiary signed will as testator does not make will invalid.Your claim will not succeed unless you have any other evidence to prove coercion or fraud.
Krishna
(Querist) 21 November 2016
She had solded away some properties as by stating that said property is devloved by way of intestate sucession
Krishna
(Querist) 21 November 2016
is there her 1/3rd share will be void?
Rajendra K Goyal
(Expert) 21 November 2016
In the given facts agree with the expert Devajyoti Barman.
For further advice all the documents need to be referred, discuss with your / local lawyer.
R.K Nanda
(Expert) 21 November 2016
consult local lawyer.
Sankaranarayanan
(Expert) 21 November 2016
Nothing more to be added, already Mr Barman given sugession very clearly . For furhter doubt ,better to consult with local lawyer and act accordingly
Kumar Doab
(Expert) 21 November 2016
I also agree with expert Mr. Devajyoti Barman.
Show the document to your able counsel.
Krishna
(Querist) 22 November 2016
thank u all
today i met one retiered high court judge and i shown him the WILL document than he replied that the WILL cant be void but you can take plea that the WILL is not true and genuine and moreover the beneficiary of the WILL being attestor. therefore 1/3 rd share bequeathed to her wife will be returned back to the testator on the technical ground.. and the remaining share will not be distributed
Rajendra K Goyal
(Expert) 22 November 2016
If such is the case, take second opinion from lawyer dealing in such matters.
Kumar Doab
(Expert) 22 November 2016
Agreed with Mr. Goyal.
Krishna
(Querist) 15 March 2017
According to Section 67, 89 of Indian Succession act the above WILL or bequest is Void.
That Section 67 of the Indian Succession Act, 1925, a legacy to the attesting witness of a will is void under the section, i.e. you cannot bequeath any part of your property to a person who has signed your will as a witness as that bequest shall be void.
Section 89 in The Indian Succession Act, 1925. 89. Will or bequest void for uncertainty.—A Will or bequest not expressive of any definite intention is void for uncertainty.
