A person has signed a document typed in Gujrati somewhat similar kind to a will expressing his last wish as to whom his finance, properties and estates etc to be given after his death. It is drafted in ordinary language by himself and not by any lawyer, however the language is very clear specifying his intention as to shall be beneficiary. The document does not mention the details of his estates however it clearly states that whatever existing assets, finance etc standing on his name or anything later-on discovered in future on his name or anything on which he has/will be having legitimate claim should go to his elder brother's son. The person created the document in 2012 and had put this document in one of the locker in Bank, the person has passed away overseas in 2019 and this document was recently discovered in Bank locker in Gujarat which was jointly operated with his elder brother. The document is prepared on ordinary paper and has two witnesses who have already expired and the witnesses family have relocated elsewhere.
There is only one legal heir i.e. the elder brother who has no issues if the probate can be issued on his son's name as he has only one son. Therefore nobody to contest the will. Can a probate be obtained on the basis of this document, the elder brother and his son are not interested to go through the route of succession certificate except if that is the only last resort, because it will involve the estates being first transferred to elder brother and then doing another transaction of Gifting the acquired estates to his son. Is there a way to facilitate the smooth transfer of estates to elder brother's son by probate or other means, the elder brother is also aged and ready to sign any documents to facilitate the process of probate and release his rights to his son.
