Legal Question in Wills and Trusts in India

Lawguru please solve my problem-

1- I am Deepak, son of Manoj. I submitted, to mutate property, a will signed by my father Manoj saying all property goes to my mom Sarita.

2- It is said in the will that after mom Sarita’s death, property may be claimed by me and my sister Sunita.

3- I have done my signature on that will as a witness.

4- Another witness’s name is not mentioned there on the will, only signature and address is there.

5- Will is typewritten but not mentioned who is the typist of the will.

6- Not registered by my father Manoj.

7- Not registered by me after death of my father.

8- No letter of admistration, no succession certificate, no heirship certificate was produced along with the will.

9- I had submitted unattested photocopy of the will.

My sister Sunita has challenged the will on the basis of all above points that I can not be a witness of the will.

Sir please solve my problem that how can I defend “the will”.

Asked on 8/27/13, 10:14 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
0 users found helpful
0 attorneys agreed

27.08.2013

Dear Deepak,

Here are my answers to your queries :

1. Even without your deceased father's Will, after your father Manoj's demise, the property vests in your mother Sarita.

2. Answered in point (1) above.

3. Valid, since you are not a beneficiary of the Will.

4. Valid, witness will be asked to sign again before the Judge during the Probate hearing.

5. Not required.

6. Not required.

7. Not required.

8. Not required.

9. Attestation not required.

The Will is valid in all respects, and I do not foresee any problems for the Probate on the Will. And even otherwise, the property will vest in you and your sister Sunita after your mother.

Regards,

Read more
8/27/13, 10:52 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in India

Looking for something else?

Get Free Legal Advice

88273 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now