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Sandeep Agrawal (Owner)     02 August 2013

Valadity of will

B writes a will in favor of A and dies. A produces the will in front of a court after 13 years. The will was written  on a plain paper, neither it was notified nor registered. Should it be considered as a valid will. A got a property  of  B transferred to his name by this will.  A is not a relative of B, he was only his housekeepar / sevant.


 10 Replies

Adv k . mahesh (advocate)     02 August 2013

will definition of legal is

on a plain white paper hand writing b to a and with two valid witness should be there and keep in a safe after the death of b any time a can produce it before the authorities and claim for his right 

here more important is valid witness to give evidence at court 

1 Like

Sandeep Agrawal (Owner)     02 August 2013

My point here is that     is there any time limit under which the claiment should must produce the WILL...?

Advocate Bhartesh goyal (advocate)     02 August 2013

Neither registration nor stamp duty is compulsorily required for valdiation of will.Signature of executant  of will before two witnesses validiates the will.It is immaterial that will is in favour of servant.

1 Like

2BHelpfull (Other)     02 August 2013

there is no time limit ,

when the will is duly signed by the maker and 2 witness signature is also there  on the Will.


1 Like

Shantilal Pandya ( Advocate)     03 August 2013

It is not clear who are the legal heirs of the deceased who may be interested in the property , if the will is executed in presence of two attesting witnesses it may be valid yet concealing the will for many years may amount to very strong suspicious cirumstance to discard the will and the propunder has to prove the genuinness of the will very clearly,who is going to challange the will?

1 Like

Sandeep Agrawal (Owner)     03 August 2013

Many THANKS gentlemen for your kind advices.

                                           Here i only want to confirm that whether there is any time limit decided previusly for will to be produced before the court for to claim any gains by the will.

Adv k . mahesh (advocate)     03 August 2013

no where in the indian legal system mentioned about the time frame because the will be executed by the testator and he will keep it in the safe place and if possible he will disclose the facts to the person to whom he had written the will and the witness will be know the facts 

in case if testator has hide the facts and kept it in a safe place wihout telling anyone about the will say after 10 years on fine day if we find the papers and say in your case also after some years you find the papers as will and file in the court for probate if any other person who is enjoying the rights obtained from the court challenges the genuiness of the will or the paper and finally court will decide about all the facts and give judgement if the will is genuine 

1 Like

Sandeep Agrawal (Owner)     03 August 2013

Thanks for your advice sir,  But here actully i want to state the fact is   "A" produces the will after 13 years of death of "B" . Is this valid ...?

Adv k . mahesh (advocate)     05 August 2013

same as yours go through this query similar to ytour query 


1 Like

Shantilal Pandya ( Advocate)     11 August 2013

It is highly impossible to swallo that the propounder of the will did ot know existance of the will for 13 years ,therefore therefore there can be no reason to keep it secret . the silence  about  the will for such a long time is surely a strong circumstance to discard the will one can challange the will with probable   verdict against the making of the will

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