Hello Sir, I Am Sagar. I HAve One Question About Will.
my grand-father's property is in Ahmedabad, Gujarat State OF India.
MY Grand-Father Made A Will in the Year jan 2005, And HE died in feb 2005. The will Is not registerd, As well as it is not having any witness.When He Died, I was Not of 18 years(my D.O.B.=12/10/1989).
But now at present i am 21 years old.
In Will, He has told to distribute his property(Bungalow) equally among three partners: One ME Itself, And the Other Two are my Aunts(Fias:Father's Sisters.)
Also, it is clearly mentioned in the will that until his wife(My grand-mother) is living, his property cannot be sold.
It is clearly mentioned about her(My Grandmother ) that she will live in that property until her death. Then And Then Only, I And MY Two Fias Can Sell the property.Also, It is Clearly mentioned that the property can be sold only and only if all the three partners are combiningly agreed with the selling of property.
Meanwhile, Due to the Severe satge of cancer, MY father Died On 25/07/2009.
At present I, my mother(widow: 49 years old), my younger sister(14 years) are residing at the above mentioned propety with my grandmother.
my grand-father had three wives.The one residing with us is the third and last wife of my grandfather and is the step mother of my father, and also of the two Fias. the Second Wife was the mother of my two fias, but she died on 22/02/1973. Also She Was the step mother of my father. The First and the Legal wife of my Grandfather is still living with his one son and one daughter, apart from us.She is the real mother of my father. And both her children are my fathers real brother and sister. They are not living with my father since 1964.
MY grandfather has clearly mentioned in his will, that his son and daughter of his first and legal wife cannot claim his property. and he does not consider them as his children. Also, my grandfather has clearly mentioned that the descendants of the son and daughter of his first and legal wife, cannot claim his property.
MY grandfather has not given divorce to his first wife. and thats why she had filed a case on my grandfather in 1964 for "the cost of livelihood"(khadha-khoraki).the judgement of this case arrived in the year april/may 1996.
the judgement contained the contract that my grandfather has to pay 500 rs. per month up to his death. and he did so. also he paid approx. rs. 65,000 from the year 1964-1996 to his legal wife, according to the order from court.
in that judgement my grandfather had said that he is having only onle wife(legal one), and three children(of the legal wife)..and the lady living with him is a servant.
Under these Circumstances:: MY questions are:-
- Is the Will Made By my Grand-father which is not registered and which is not having any witness Valid?