Incomplete Will
Anurag Kapur
(Querist) 07 February 2011
This query is : Resolved
Dear Members,
My Grandfather expired leaving a property at Delhi where my father and uncle reside.
The will prepared by my grandfather is not witnessed nor registered .
Its hand written with signatures of my grandfather on each page.
Please suggest on the validity of the will since the same is not witnessed.
If the will is invalid how can we get the property transferred in our name
Thanx
Parveen Kr. Aggarwal
(Expert) 07 February 2011
Is there any dispute among the legal heirs of your grandfather about the execution of will?
Anurag Kapur
(Querist) 07 February 2011
Sir,
Their is no dispute .My father and my Uncle want to settle the issues amicably
V.Mahadevan
(Expert) 08 February 2011
A WILL, in order be valid,among other things, must be signed by the attesting witnesses in the presenc of each other and in the presence of the testator.
There is no mention in the query as to how the property has been dealt with by the grandfather in his WILL.
The question as to who is entitled to and has the right the property will be decided in terms of the law of succession.
Anurag Kapur
(Querist) 08 February 2011
Dear Mr Madhavan,
As my grandfather's understanding was not good with one of his son he has disowned him .But both brothers My Father and My uncle do not want to enter into any type of dispute and want to settle the matter amicably and piecefully and share the property equally amongst them selves.
Can we destroy that orignal piece of paper and decide in terms of law of sucession...since that will has no validity
Pls suggest
