Will

Querist : Anonymous (Querist) 30 May 2021 This query is : Resolved
My grandfather wrote a will to me (as my father died long ago) in his own handwriting but there are no signatures of witness so the only other successor will be my aunt (father's sister) whom i think will agree to the will.
So can this will be accepted in court as there is no one other who is claiming.
Also what is the role of my grandma

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A handwritten will needs to be signed by the testator and attested by at least two witnesses to be legally valid. Your grandfather's will, lacking witness signatures, is therefore invalid in the eyes of the law. In this situation, your grandfather's property will be distributed among his legal heirs, which include your grandmother, your aunt, and yourself. To transfer the property, you may need to obtain a No Objection Certificate (NOC) or a registered relinquishment/gift deed from your aunt and grandmother.

Advocate Bhartesh goyal (Expert) 30 May 2021
A deed of Will requires to be signed by testator and attested by two or more witnesses .A will not attested by two or more witnesses as specified in law is not a valid will.Your grandfather's will bears no signatures of attesting witnesses hence not valid will in eye of law.

ashok kumar singh (Expert) 30 May 2021
in the event will has been written by your grandmother in her own writing, then there is no requirement of any witnesses, so far. place you application for LETTER OF ADMINISTRATION before the LEARNED DISTRICT JUDGE. you may consult Learned Lawyer in your vicinity.
Thanks

SHIRISH PAWAR, 7738990900 (Expert) 30 May 2021
Hello,

The will of your grandfather is not witness by any one so it is not a valid will which can be accepted in court. So in the absence of valid will the legal heirs for your grand father's property are your grandmother, your aunt and you as your father died long back. Therefore in order to transfer property in your name you have to take NOC from your aunt and grandmother.

kavksatyanarayana (Expert) 30 May 2021
The Will of your grandfather was not witnessed by two persons and so it is invalid. As facts stated by you, the legal heirs of your grandfather are your grandmother, your aunt, and you. So the property shall be devolved among you, your grandmother, and your aunt. If they have no interest in the property, they shall execute a registered Relinquishment deed/Release deed relinquishing their rights over the property or they may execute a registered Gift deed for their share in your favour.

T. Kalaiselvan, Advocate (Expert) 31 May 2021
The Will without the signatures of attesting witnesses is an invalid instrument.
Even though your aunt may accept to benefit out of the Will, the law won't.
Instead she may inherit her share in the the property along with other legal heirs of your deceased father and all the legal heirs can transfer the entire property to your name by executing a registered release deed relinquishing their rights in the property.
Consult a local advocate and proceed.

Sankaranarayanan (Expert) 31 May 2021
Yes i do endorse with experts points. all legal heirs are get equal rights over the property

Dr J C Vashista (Expert) 31 May 2021
I agree with expert, the document not witnessed is incomplete and may not be used.

Is there any one present who can identify / prove writing and signature of your grandfather (Testator of will) and depose in the Court that the instrument has been written by the testator himself ? If so, the document can be accepted.

P. Venu (Expert) 31 May 2021
Is your grandfather still alive? The posting is silent on this aspect.

Also, are you the only child of your father? And what about your mother?

K Rajasekharan (Expert) 31 May 2021
The query gets a precise answer at the outset itself. It is legally specific and clear in language. It should have ended there.

Curiously new answers come. They take twists and turns from right to wrong and vice versa. It continues in a never ending cycle, even entering into unchartered waters.

A Will invalid in law at the outset, due to the absence of some crucial ingredients, cannot be made valid later, after the death of the testator.

Even if numerous persons present during its execution come to the court and testify that it was written by the testator himself it cannot be made a valid Will. This is because it was not a Will but a document only.

Will is a legally forceful document. It can override the operation of law of succession. It upholds the mind of the testator.

To make a document a valid Will it requires signatures of two or more witnesses. Attestation is the part of its format which cannot be diluted in any manner.

Message likes : 1 times

Dr J C Vashista (Expert) 01 June 2021
Well analysed, opined and advised by expert Mr. K Rajasekharan, I agree.

P. Venu (Expert) 01 June 2021
My earlier posting may kindly be read as "Is your grandfather still alive? The posting is silent on this aspect." instead of "Is your father still alive? The posting is silent on this aspect."
The error is regretted.

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