Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Will deed

Querist : Anonymous (Querist) 04 June 2021 This query is : Resolved 
A will deed of three pages written in 2000 in favour of last son, testator ( no more - passed away in 2006) signed on all pages, where as witnesses signed on last page only. The will not registered, no letter of administration taken, no court probate taken. Is this will valid? One of the properties listed in the will sold by living wife of the testator who signed the sale deed. Is this sale deed valid? Can it be made null and void? The testator does not have full legal right ( marketable) on one of the properties ( sada binami ) listed in the will. Based on all these facts, is it possible to make the will null and void if contested by other legal heirs who are not aware of the will so long. One more imp. point out of 3 witnesses one witness is elder brother of beneficiary.
Thanking you all,
Boghe- hindu
T. Kalaiselvan, Advocate (Expert) 05 June 2021
A Will can be witnessed by anyone other than the beneficiary named in the Will.
The witnesses must attest and sign the will in the presence of the testator/testatrix and of each other. If the will consists of more than one page, each page other than the page on which it ends must be signed anywhere on the page by the testator/testatrix.
Dr J C Vashista (Expert) 05 June 2021
The will stated to have been signed on all the pages by testator and last page by Testator as well as witnesses, is valid and legal document, despite the fact it is not registered.

Presumably the Testator was titleholder of the property bequeathed by him.

Consequent upon death of Testator (2006) whether it has been probated or not ?

Where (location) is the property involved / stated to have been bequeathed by the Testator in favour of beneficiary to determine whether said "will' is required compulsory probated or not ?

Whether vendor (seller) of part property i.e., widow of Testator is the beneficiary or not to ascertain whether she is competent to sell the property involved in the said "will" ?

What is your concern / problem / locus standi to the "will" vis-a-vis property stated to have been bequeathed by the Testator ?

It will be better to consult a local prudent lawyer for appreciation of facts/ documents and professional advise/ necessary proceeding
ashok kumar singh (Expert) 05 June 2021
will have no values unless probate or letter of administration obtain from the competent court of law. to place such application for probate or letter of administration have limitation of 12 years from the death of the testator. court will look into the contents of the said written will and do not intervene into the title of the immovable property. therefore for any other disputes on the said immovable property can be resolved amicably or by institution of appropriate suit before the competent court of law.
kavksatyanarayana (Expert) 05 June 2021
A will was executed by the Testator who signed on all pages including the last page and the witnesses other than the beneficiary are signed in the will and hence it is valid though not registered. Where the property is situated? In some cities, the probation of Will is compulsory when there is a dispute and the mother of the beneficiary sold the property. Better consult a good knowledge Advocate of your area.
Sankaranarayanan (Expert) 06 June 2021
un registered will also valid . the witnesses affixed their signature in the last page is enough. What way the wife of the testator sold the property? have obtained legalheir certificate.? Children are minor or major? Better to give clarity to local lawyer and seek advise from the lawyer and act

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Post a Suggestion for LCI Team
Post a Legal Query