RKKhanapure (Health Worker) 06 April 2012
My mother has self acquired immovable property and has written a will on Rs 50 stamp paper in 2004, which remains her only will. She is now in the age care home due to severe dementia. She has no other will. What is the legal validity of that will? She has 4 children, and she has wished to give the property to one child. Please help how to proceed.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 April 2012
Dear Querist,
The will is valid, it's better that it is registered during her life-time only. The will would be put into effect after the demise of mother by obtaining a probate. The other legal heirs are ousted.
sridhar pasumarthy (ADVOCATE) 06 April 2012
Yes, the will is valid provided it is attested by two witnesses.
RKKhanapure (Health Worker) 06 April 2012
Thank you. How can this will be registered now, if she is mentally incompetant as of now?
K. GOPALAKRISHNAN (ADVOCATE) 07 April 2012
Hi,
Will need to be registered. Registration of is opitional only. Leave the situation as it is. After demise of your mother, you can proceed/deal with the property based on the Will.
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