Legal Question in Wills and Trusts in India
Caveat-will
We are residing in India,Tamilnadu. we have house with some vacant plot and it was in my grandmother's name who has two daughters and one youngest son. Daughters(My Aunts) got married before 1989 and my grandmom expired on 1985 with unregistered will(Will is not written in Stamp paper, Its written in Green papers of court) stating that my father has ownership on our property and no claim for daughters, having two witnesses but not the daughters witness in it.After my grandmom's death, after 17 yrs,my father changed patta to his name and all taxes are being paid by him from 2002 to till date. Recently My father made settlement(husband to wife settlement) to my mother and applied patta on her name.
We have unregistered Will,written simply in Green coloured court paper(not in stamp paper).Now this settlement deed is known to our Aunt's family. We taken steps to sell the house.
1)Pls explain me whether the Will written on green coloured paper and not in stamp paper is valid or not?
2)Pls explain the proactive measures to proceed sales transaction by holding them
before they file in the court?
3)Can we apply for ''CAVEAT'' inorder to hold my Aunt from interfering in the disposal of property,is CAVEAT a Proactive measure?
2 Answers from Attorneys
Re: Caveat-will
Dear Sir:
Will need not be on a stamp paper. It may be on any paper, not necessary a court paper even. So long as WILL is validly executed by your grandmother and witnessed by any two witness (your aunt may or may not be a witness). You may file a caveat if you expect your aunt to file a suit. Caveat would entitle you to be served first before they could get any order from the court.
Re: Caveat-will
1)Yes it is valid
2)contact a local advocate
3)Yes you can.
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