India  |  Wills and Trusts

Legal Question

Asked on: 8/27/13, 10:52 am

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- “Will” was made 3 months before death of my father. The same was produced to mutate the property after 6 months after death of my father.

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

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

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

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

7- Not registered by my father Manoj.

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

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

10- 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”.

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