Legality of will

satish p (Querist) 19 November 2013 This query is : Resolved
If any will counter signed by three witness on stamp paper purchased by the owner of property holder is to be probated or else the person who has inheritaed the property as per the will has to submit no objection letter(Afidevit)from other legal heirs then what is the value of making a will?

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ajay sethi (Expert) 19 November 2013
the objective to will is to make provision for your legal heirs on the demise of testaor . it is to preempt legal disputes between leagl heirs over property .

probate of will is not mandatory except in some cities in india . will need not be on stamp paper . it can be made by testaor on plain paper . it has to be signed by testaor in presence of 2 attesting witnesses

Rajendra K Goyal (Expert) 19 November 2013
Very well advised, nothing more to add.

Advocate M.Bhadra (Expert) 19 November 2013
SEC.2(h) of Indian Succession Act, 1925 provides that WILL means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time. -for executing the Will the person must be fully competent, as per Section 59 of the Indian Succession Act. -has to be signed by the executor of the Will and has to be attested by at least two witnesses. -Will under law is not required to be compulsory registered.

On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.