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nrisrilanka (job)     28 July 2014

Validity of will

My mother died in 2011. My brother and his family was living with her in a property owned by her.

We live in another city. After 8 months of her death, my brother announced that  that he found a sealed  envelope which may contain a will. We decided to meet within next 3 months and the envelope was brought out by my brother. to my surprise, it was a stapled envelope, there were no seals.

I was further surprised to note  :

1  It was a typed document in English- a language mother was not used to. She used to correspond in Hindi.

2. As per said 'Will' her entire property and cash was 'Willed' to my brother alone.

3.This Will was witnessed by two persons, both confirmed that none read the contents, nor did the testator sign in their presence. It had her sign already. The two witnesses signed the Will after a year of the date written on the wIll and both signed on different days, not in presence of each other.

3.The envelope also contained a previous Will in Hindi in which she had bestowed the property between three children.

4.Neither will was registered.

Is the Will in English valid , specially when during the last few months of her death she regularly made it clear that she wants to distribute her property equally amongst all children?

It appears my mother has been misled to sign on the document without realising the contents of it. I have been asking my brother to get the will probated so its validity may be established, but he refuses to do it.

How to proceed to challenge the 'doubtful Will' and  get justice?



Learning

 3 Replies

ATIN YADAV (lawyer)     28 July 2014

DEAR 

             WHAT IS PROPERTY TYPE AGRICULTURE OR URBAN THAT IS LAW ALL WILL PROVE EVIDENCE ACT SECTION 68 AND 71 MANADATRY IS VALID WILL FURTHER QERY PLS CONTACT ME

Advocate Bhartesh goyal (advocate)     28 July 2014

File a suit for partion of properties belonged to your mother in civil court against your brother and other legal heirs of your mother..your brother would definitely take defence that your mother had bequeathed her properties through the questioned will to him then you may raise objection regarding the validity of  said will.

1 Like

nrisrilanka (job)     29 July 2014

Thanks Atin Yadav,

the property is an apartment in the city.


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