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?
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.
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