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kishore kumar   22 May 2024

legal heir consent in will

my aunt made a will and as per her wish, she took consent of her both legal heirs in said will with 2 witness.

there is no dispute about subjected property,as property purchased by my aunt with her own income.

Both the egal heirs gave their consent as no objection and signed in that will.

my aunt expired and now both legal heirs gave separate affidavits in favour of will holder to transfer the property in will holder's name.

Pl let me know : if legal heir signed as no objection in will .
and said will use to transfer the property, is there any technical problem can raised by concerned authority ?
or said will legaly acceptable?
Thanks .


 10 Replies

Advocate Bhartesh goyal (advocate)     22 May 2024

Will of your aunt is perfectly valid as it has been  duly signed by testator and two witnesses. No person can raise any objections in regards to legality of will.

T. Kalaiselvan, Advocate (Advocate)     22 May 2024

As far as Will is concerned, the testator should have clear and marketable title to the property being bequeathed through the Will. 

There should be some justification about the relationship between the testator and the beneficiary and also it would be better that if the testator made a clear statement about the other legal heirs in the Will as a recital.

Therefore there is no legal infirmity in the Will with the recitals about the no objection from the other legal heirs to bequeath the property in favor of the named beneficiary.

kishore kumar   23 May 2024

Respected Sri Bhartesh Goyal ji and Sri T.Kalaiselvan Sir, Thank you very much for your imp and valuable advice.
Thanks again.

T. Kalaiselvan, Advocate (Advocate)     23 May 2024

You are welcome for your appreciations.

kishore kumar   23 May 2024

Sir, one last question: both legal heirs gave their consent in will, as per aunt's wish, so as per law , will it be acceptable or not?
Thanks Sirs.

T. Kalaiselvan, Advocate (Advocate)     23 May 2024

First of all understand the law that there is no necessity for the legal heirs to give their consent in the Will that is witten by the testator if the testator is having clear and marketable title to the property she proposes to bequeath in favor of the beneficiary.

Secondly, sine there if there is a mention about the arrangement made by the testator about the properties to her other children, or at least if there is a recital that why the other children have been excluded without allocating any property in the present Will, then that is sufficient to prove that the testator did not have any interest to give her property to her other children, hence they cannot claim or challenge the Will for any reason, and even if they do that it will not be tenable in law.

kishore kumar   23 May 2024

Thanks a lot sir.

Aadil (Student)     24 May 2024

Dear Kishore Kumar,

Thank you for your query! I am Aadil and I will try to answer your question.


The short answer to your question is NO. No objection can be raised by any authority regarding the validity of the Will.


The making of wills in India is regulated by the Indian Succession Act, 1925, wherein it has been stated that a will can be made by any person of sound mind and not intoxicated, irrespective of whether they are blind, deaf, or dumb, as long as they are aware of what they are doing. These requirements form Section 59 of the Indian Succession Act, 1925.

If the property in question was ancestral, then the deceased would not have been permitted to create a will as there would be at least four generations of inheritors with the right to claim this property as per the Hindu Succession Act, 1956.


Since the property in question was purchased by the deceased with their own income, it is a self acquired property, and thus the owner of the property has every right to sell the property or transfer it to anyone they prefer, including through a will. Unless they died intestate, the legal heirs do not have any claim towards this property.

Therefore the testator does not require the consent of his legal heirs before writing a will in favor of a beneficiary who is not a legal heir. But the fact that their signatures have been added proving their non objection in the will could be useful in Court if a dispute ever arises.

Any chance for possible disputes can be minimized by ensuring that the testator clearly owns the said property, i.e they own the title of that property, and the sale deed through which the land was purchased has been registered.


Therefore, no objection can be raised by any authority regarding the validity of the will as long as the above mentioned conditions are met.


I hope this helps. Thank you for your time and patience!




kishore kumar   31 May 2024

Thanks a lot Aadil Sir.

P. Venu (Advocate)     01 June 2024

What is the context for this query? Is this a mere academic query?

However, your harping on the same but irrelevant issue suggests that there could be deeper issues.

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