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Guest (n/a)     25 April 2009

Will by my grandfather

 Sir I have joined your community today and wish to avail precious knowledge from you from time to time.



I have a query regarding Will made by my grandfather. He made a will simply dividing his self-earned residential house between his two sons in the presesence of two witnesses which was duly signed by the two witnesses and finally signed by the Grandfather (in the languages he knew i.e. english and urdu) along with his thumb impression. 



Sir, at that time because no body was well acquainted by the procedure and language of the exact will, Will was prepared in a simple language. 



Now, some relatives while see the language of the will say that why it does not have these words like ..."While doing will I am in sound mind, and under no constraint and infulence". This actually could not be typed that time by lack of knowedge.





But, all the relatives relate to my Grandfather know that the Will was made by him in sound mind and under no influence.





Sir, please tell me can this Will be challenged in the Court of Law since it does not have the above sentence?? We all are worried, and tense.



Our grandfather is not alive now. Please tell us the way out.



Waiting for a timely and prompt reply.



Thanks



Learning

 3 Replies


(Guest)

  I dont think that merely mentioning that the will is being made  with all knowledge etc. would not make it complete and universally accepted. And so, even if no such remarks were made in the Will, that would not prove the existence of malfunctioning etc. in the preparation of a will. I personally do not htink that u would b in trouble if some1 opposes the said will. 

Y V Vishweshwar Rao (Advocate )     26 April 2009

Dear  Vishwa  !

I Agree with Mr Shah !

There is no rule to mention each and evry fact /circumstances in the Will Deed  , it is see whether  the  Will  properly executed   ,  properly attested  , and  contnets mentioned  in the Will Deed are the intention of the Testator . No mention of Words Sound , no constrtaints & no Influence  --- etc  can not render the Will deed invalid , it is required that Will deed or any other document when executed by a person he should be in sound & dipsoing  stateof Mind  and  this  is fact to be proved when  the Will is disputeds and challanged .

You and  all your  relatives  and the  attesting wittnesses are aware that the Testator executed the Will Deed  with his  free will , in sound state of Mind- free from  Constraints & influences, though not mentioned ,  it can  be proved when disputesd !  

with regards !

Himanshu Prabhakar (Advocate)     28 April 2009

Dear Mr. Vishwa,

 

both of my friends are correct. i just want to know the year of execution of the Will. 2. who were the two witnesses are they your family friends or relatives ?

because no one care to execute will as no body want to think about death. if a person is thinking about executing a will this only very much shows that he is in a good state of mind and at the time of executing of the will his mind is working property.

now coming to the questions i asked if they were independent witnesses they the will is safe, although i think every paper / document can be challanged. So if you take all precautions while drafting there is no gurranty that you are safe. So need not have to worry.


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