Will

This query is : Resolved 
 

Online (Querist)
28 February 2021

In a joint WILL only one signatory had signed . unfortunately the second signatory has expired without signing the said WILL .Query is does the WILL in question have any Legal binding?


K RajasekharanOnline (Expert)
02 March 2021

If the drafting of the Will is done in the form of a joint Will indicating that the intention of the testator is to sign it as a joint Will with a second person but the second signatory has not signed the document, then the Will does not have any legal standing as it is a partially made legally imperfect document.

The important elements in a Will are the intention of the testator as reflected from the document and the procedural flawlessness in its making.

kavksatyanarayanaOnline (Expert)
03 March 2021

Yes. The 2nd person shall sign the will. In a joint Will, the persons who are testators must sign before the witnesses on the Will. If any person does not sign, no legality in it.

Dr J C VashistaOnline (Expert)
07 March 2021

Under Section 40 (1) of the Registration Act, 1908 the will can be presented and under Section 41 of the Act it has to be registered after death of the testator / joint testator, when the Sub-Registrar is satisfied.
Sarvesh Kumar & ors Vs. Rohtash Kumar & others Allahabad refers

shyam lalOnline (Querist)
07 March 2021

Dr. JC Vashishta
Sir I have not under stood your answer please explain in simple language.thank you.

Sankar narayanan Online (Expert)
20 April 2021

i do agree with experts



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