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”.
Answered on: 8/27/13, 10:52 am by Fca Prashant Chavan
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.
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