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han (ceo)     02 July 2010

time limit for will???

hi i just wanted to clarify couple of things :

1. my uncle made a "will"  at  the age of 84 years on a stamp paper with his family lawyer!!! with all the proper legal doucuments with two witness signatures  and  got it  registered  but he did not take a doctors certificate for being of "sound mind" or being of "sane mind" so is this "will" valid ???? can his sisters claim the "will" is not  valid cus it got no doctors certificate ????? does a "will" made after 80 years require a doctors certificate for being of sound mind?????doesnt registration of the "will" make it a valid "will" made by a sound mind person????? pls clarify

2.the "will" come's into effect after the demise of the testor but is their a time limit on the "will" to be probated in a court ??? can a "will" be probated at a court after 3 years of demise of the testor???? or the "will" needs to be probated at a court soon after the demise of the testor??????? pls clarify


 6 Replies

kranthi (retainer advocate)     02 July 2010

In my knowledge there is no requirement for doctor certificate, by examining the witness it will be proved, registration is not compulsory, and if the property is self aquired of ur father there no share to his sister if it is ancestral property there is shere to his sister. the will which was lastly written will be valid one 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 July 2010

Doctors certificate is now necessary since afterwards people claim that the person was of unsoound mind. But since you have regestered it so no problem., it is perfectly legal and enforcable from the day it was executed as per terms stated in the will.

Devajyoti Barman (Advocate)     02 July 2010

Doctor's certificate is never a necessity while executing a wiil. The legal heir can always challenge the will on the ground of physical and mental fitness of the testator. and Doctor's certificate would be of no help.

The application for probate can be made at time after the death of the testator and it is mandatory to give effect of the directions of the will.

Uma parameswaran (lawyer)     02 July 2010

A WILL can be get probated after three years.

navdeep singh (lawyer)     02 July 2010

doctors certificate is not  necessary .u have to ewxamine at least one attesting witness in the court in support of will

R.Ranganathan (Director)     06 July 2010

Will is valid, no need of registration but since this is a registered will, it is valid in the eyes of law. No need of doctor's certificate. It has to be probated to prove the authenticity and execution of the Will. Probate has to be filed within three years after the demise of the executant. But under special circumstances to be explained, to the satisfaction of the Court, the delay can be, got condoned. 

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