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ankit (owner)     22 December 2014

Please help

hello everyone

please answer a few questions regarding a property dispute we have

1. my mother made a will of a house in my favour which is registered at the sub registrar's office. however one doubt we have is that the witness in that will are my wife and son. now i want to know that whether such a will remains valid or is it void?? 

2. if my sister files a suit against our mother's will, can she also obtain a stay order on the rent i am receiving from that property such that the rent amount gets deposited with the court till the case does not gets decided?

3. if i lose the case at a lower court and decides to file a case at the high court level, then do i have to give the possession of that property to my sister(other legal heir who won the case)

please give me your phone numbers so that i can contact you on phone regarding the details of the case

thanks in advance

ankit sharma



Learning

 4 Replies

Hardeep (Business)     22 December 2014

1) Your wife and son being witnesses to the Will does not make it void. Although may have been better to get maybe your sister herself as witness to avoid such disputes later.

 

2) Yes

 

3) No, till the case gets finally decided.

 

Re discussions in details, better to contact a local lawyer via references etc. for the same.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Kishor Mehta (CEO)     22 December 2014

Sir,

"1. my mother made a will of a house in my favour which is registered at the sub registrar's office. however one doubt we have is that the witness in that will are my wife and son. now i want to know that whether such a will remains valid or is it void?? "

If your  wife and son are not beneficiaries under your mother's WILL, that is if your mother has not bequeathed absolutely anything to your wife and/or your son then their signature as witnesses in the WILL is valid and legal.

As the witness of your wife and son is valid the other two queries are of no consequence.

The WILL can be challenged by any blood relative who is aggrieved as he/she is not remembered in the WILL. However it all depends on the legality of the WILL.

Good Luck,

Kishor Mehta

ankit (owner)     22 December 2014

thank u mr kishor and mr hardeep for ur advice

T. Kalaiselvan, Advocate (Advocate)     26 December 2014

The will executed by your mother with your wife and child witnessing the same is very much valid.Please note that you have not mentioned that if your mother is living or not, because the Will shall come into force only after your mother is leaving this mortal world.

If your mother had a valid and marketable title over the property bequeathed through will, your sister's challenge for a share in the property challenging the Will shall not be maintainable and will not sustain, also she cannot obtain a stay on the derivation of rental income by you if she has not proved the grounds for falsity of the Will.

Until it is not proved that your mother had no valid title to dispose her property in your favor, you do not have to worry about losing the case.


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